THE 



GENERAL STATUTES 



Commontoealt| of Passat^useJts 



EELATINQ TO THE 



PUBLIC SCHOOLS, 



WITH THE 



ALTERATIONS AND AMENDMENTS 



To 18 6 8. 



BOSTON: 

WRIGHT & POTTER, STATE PRINTERS, 
No. 4 Spring Lank. 

1 868. 



THE 



GENERAL STATUTES 



Cominonfeealtlj of BT^assat^tiseits 



RELATING TO THE 



PUBLIC SCHOOLS, 



alteratio:n'S a:^d amendmekts 



To 1868. 



BOSTON: 

WEIGHT & POTTER, STATE PRINTERS, 
No. 4 Spring Lane. 

1868. 



u. 



r\ -J 









\^07 



-7 



LAWS RELATING TO PUBLIC SCHOOLS. 



OF PUBLIC INSTRUCTION AND REGULATIONS 
RESPECTING CHILDREN. 



Chapter 34. — Of the Board of Education. 
Chapter 35. — Of Teachers' Institutes and Associations. 
Chapter 36. — Of the School Funds. 
Chapter 37. — Of State Scholarships. 
Chapter 38.— Of the Public Schools. 
Chapter 39. — Of School Districts. 
Chapter 40. — Of School Registers and Returns. 
Chapter 41. — Of the Attendance of Children in -the Schools. 
Chapter 42. — Of the Employment of Children and Regulations 
respecting them. 



CHAPTBK 34 



OF THE BOARD OF EDUCATION. 



Section 

1. Board of education, how organized; 
term of oiBce; vacancies. 

2. — may take grants, devises, &c., in 
trust for educational purposes; to 
pay all moneys to treasurer. 

3. — shall prescribe form of school reg- 
isters, and of blanks for returns; 
transmit abstract of returns, and 
report to legislature. 

4. — may appoint secretary, who shall 
make abstracts, collect and diffuse 
information, &c. 

5. Secretary shall suggest improve- 
ments, visit different places, collect 
books, receive reports, &c. 



Section 

6. Secretary shall give notice and at- 
tend meetings, and collect informa- 
tion, &c. 

7. — shall send blank forms and reports 
to clerks of towns and cities. 

8. Compensation of secretary, and ex- 
penses of office. 

9. Board may appoint agents to make 
inquiry, &c. 

10. Expenses of board, how paid. 

11. Assistant state librarian may act as 
clerk. 



4 



STATE BOARD OF EDUCATION. [CHAP. 34. 



Board of educa- 
tion, how organ- 
ized ; term of 
members ; vacan- 
cies. 
1837, 241, § 1. 



— may take 
grants, &c., 
in trust for 
educational pur- 
poses, &c. 
Duty of treasurer 
1850, 88. 



— shall prescrihe 
form of school 
registers and 
blanks for re- 
turns, &c. 
1837,241. H2,3. 
1838, 105, §§ 5-7. 
1846, 223, § 3. 
1849, 209. 



— may appoint 
secretary, who 
shall make ab- 
stracts, &c. 
18.37. 241, § 2. 
1847, 183, § 1. 
1849, 215, § 1. 



Secretary shall 
suggest improve- 
ments, &c. 
1849, 215, § 1. 
1858, 61. 



Section 1. The board of education shall consist of the 
governor and lieutenant-governor, and eight persons 
appointed by the governor with the advice and consent of 
the council, each to hold office eight years from the time of 
his appointment, one retiring each year in the order of 
appointment ; and the governor, with the advice and consent 
of the council, shall fill all vacancies in the board which may 
occur from death, resignation, or otherwise. 

Sect. 2. The board may take and hold to it and its suc- 
cessors, in trust for the Commonwealth, any grant or devise 
of lands, and any donation or bequest of money or other 
personal property, made to it for educational purposes ; and 
shall forthwith pay over to the treasurer of the Common- 
wealth, for safe keeping and investment, all money and 
other personal property so received. The treasurer shall 
from time to time invest all such money in the name of the 
Commonwealth, and shall pay to the board, on the warrant 
of the governor, the income or principal thereof, as it shall 
from time to time require ; but no disposition shall be made 
of any devise, donation, or bequest, inconsistent with the 
conditions or terms thereof. For the faithful management 
of all property so received by the treasurer he shall be 
responsible upon his bond to the Commonwealth, as for 
other funds received by him in his official capacity. 

Sect. '3. The board shall prescribe the form of registers 
to be kept in the schools, and the form of the blanks" and 
inquiries for the returns to be made by school committees ; 
shall annually on or before the third Wednesday of January 
lay before the legislature an annual report containing a printed 
abstract of said returns, and a detailed report of all the doings 
of the board, with such observations upon the condition and 
efficiency of the system of popular education, and such sugges- 
tions as to the most practicable means of improving and extend- 
ing it, as the experience and reflection of the board dictate. 

Sect. 4. The board may appoint its own secretary, who, 
under its direction, shall make the abstract of school 
returns required by section three ; collect information 
respecting the condition and efficiency of the public schools 
and other means of popular education ; and diffuse as widely 
as possible throughout the Commonwealth information of the 
best gystem of studies and method of instruction for the 
young, that the best education which public schools can be 
made to impart may be secured to all children who depend 
upon them for instruction. 

Sect. 5. The secretary shall suggest to the board and to 
the legislature, improvements in the present system of pub- 
lic scliools ; visit, as often as his other duties will permit, 



CHAP. . SLI state board OF EDUCATION. 5 

• 

different parts of the Commonwealth for the purpose of 
arousing and guiding pubUc sentiment in relation to the 
practical interests of education; collect in his office such 
school-books, apparatus, maps, and charts, as can be obtained 
without expense to the Commonwealth ; receive and arrange 
in his office the reports and returns of the school commit- 
tees ; and receive, preserve, or distribute, the state docu- 
ments in relation to the public school system. 

Sect. 6. He shall, under the direction of the board, give — shaii giveno- 

££..,. f. ii.j.j 1 i.' e J- ^ c •'■'^'^ 8.nd attend 

sufficient notice oi, and attend such meetings oi teachers oi nK-etinss, &c. 
public schools, members of the school committees of the islj 42!'' * ^' 
several towns, and friends of education generally in any 
county, as may voluntarily assemble at the time and place 
designated by the board ; and shall at such meetings devote 
himself to the object of collecting information of the condi- 
♦tion of the public schools of such county, of the fulfilment 
of the duties of their office by members of the school com- 
mittees of all the towns and cities, and of the circumstances 
of the several school districts in regard to teachers, pupils, 
books, apparatus, and methods of education, to enable him 
to furnish all information desired for the report of the board 
required in section three. 

Sect. 7. He shall send the blank forms of inquiry, the Secretary shaii 
school registers, the annual report of the board, and his own repon^rtTtown 
annual report, to the clerks of the several towns and cities as igso^^i/"'" 
soon as may be after they are ready for distribution. 

Sect. 8. He shall receive from the treasury, in quarterly compensation of 
payments, an annual salary of two thousand dollars, and his ex pTnS of office^ 
necessary travelling expenses incurred in the performance of 1853 Ig"'"^'^" 
his official duties after they have been audited and approved 
by the board ; and all postages and other necessary expenses 
arising in his office, shall be paid out of the treasury in the 
same manner as those of the different departments of the 
government. 

Amendment.— Chap. 276, 1867. 

[Sect. 1. The secretary of the board of education shall 
receive an annual salary of three thousand dollars, and also 
the sum of four hundred dollars in full compensation for 
travelling expenses to be paid out of the moiety of the school 
fund applicable to educational purposes.] 

Sect. 9. The board may appoint one or more suitable Board may ap- 
agents to visit the several towns and cities for the purpose of make "^inquiry" 
inquiring into the condition of the schools, conferring with Regoiyes i85- 
teachers and committees, lecturing upon subjects connected 22. 



teachers' institutes and associations, [chap. 35. 



Expenses of 
board, how 
paid. 
1838, 55. 



Clerk. 

1849, 155, § 1. 



■ft^ith education, and in general of giving and receiving infor- 
mation upon subjects connected vs^ith education, in the same 
manner as tlie secretary might do if he were present. 

Sect. 10. The incidental expenses of the board, and the 
expenses of the members thereof incurred in the discharge 
of tlieir official duties, shall be paid out of the treasury, their 
accounts being first audited and allowed. 

Sect. 11. The assistant librarian of the state library shall 
act when necessary as clerk of the board. 



CHAPTER 35. 



OF TEACHERS' INSTITUTES AND ASSOCIATIONS. 



Section 

1. Board of education to arrange for 
meeting of teachers' institutes. 

2. Expenses of, how paid. 



Section 
3. Board to regulate length of session 
and expense. 



Teachers' insti- 
tutes, meetings 
of. 

1846, 99, § 1. 
1848, 10. 
1849, 62. 



— expenses of, 
how paid. 
1846, 99, §§ 2, 3. 
1854, 800, §§3, 4. 
Resolves, 1850, 
65. 



— length of, and 
expense. 
1846, 99, § 2. 
1849, 62. 
1862, 216. 



Section 1. When the board of education is satisfied that 
fifty teachers of public schools desire to unite in forming a 
teachers' institute, it shall, by a committee of its body, or by 
its secretary, or in case of his inability by such person as it 
may delegate, appoint and give notice of a time and place 
for such meeting, and make suitable arrangements therefor. 

Sect. 2. To defray the necessary expenses and charges, 
and procure teachers and lecturers for such institutes, tlie 
governor may draw his warrant upon the treasurer for a sum 
not exceeding three thousand dollars per annum, to be taken 
from that portion of the income of the school fund not appor- 
tioned for distribution to the several cities and towns for the 
support of public schools. 

Sect. 3. The board may determine the length of time 
during which a teachers' institute shall remain in session, 
and what portion, not exceeding three hundred and fifty dol- 
lars, of the sum provided for in the preceding section shall 
be appropriated to meet the expenses of any such institute ; 
and the board, its secretary, or any person by it duly ap- 
pointed, may draw upon the treasurer therefor. 



Cha,p. 58, 1864, substituted for Sections 4 and 5, G. S. 

When meetings [Sect. 1. Wlicu a couuty associatiou of teachers and 
^odttio°"s°to ?e- others, holds an annual meeting of not less than two days, 
1848" loiYf' ^^^ ^^^® express purpose of promoting the interests of public 



CHAP. 36.] 



SCHOOL FUNDS. 



schools, it shall receive twenty-five dollars from the Com- 
monwealth. 

Sect. 2. Upon the certificate, under oath, of the presi- to be paid on 
dent and secretary of such association to the governor, that isis, 30i,'§2.' 
a meeting has been held in accordance with the provisions of 
the preceding section, he shall draw his warrant in favor of 
such association, for the sum aforesaid. 

Sect. 3. The fourth and fifth sections of tlie thirty-fifth Repeal. 
chapter of the General Statutes are hereby repealed.] 



CHAPTER 36. 



OF THE SCHOOL FUNDS. 



• massachusetts school fund. 
Section 

1. School fund, how invested. Income 
only to be used. 

2. Half the income to be distributed for 
support of common schools. Appro- 
priations for other educational pur- 
poses to be paid from other half. 
Surplus to be added to principal. 

3. — apportioned for schools by secretary 
and treasurer. When towns are not 
entitled to share. 



Section 

4. Income received by towns to be ap- 
plied for support of schools therein. 

5. Appropriations for Indians. Account 
to be rendered. 

INDIAN school FUND. 

6. Indian school IJind, how applied, &c, 

TODD normal school FUND. 

7. Todd fund, how applied. 



MASSACHUSETTS SCHOOL FUND. 

Section 1. The present school fund of this Commonwealth, school fund, 
together with such additions as may be made thereto, shall inromJoniy to 
constitute a permanent fund, to be invested by the treasurer ^ "^|"*- 
with the appropriation of the governor and council, and called i4- 
the "Massachusetts School Fund ; " tlie principal of which f6^'3oo,§§2,3, 
shall not be diminished, and the income of which, including 1854,333. 
the interest on notes and bonds taken for sales of Maine lands 
and belonging to said fund, shall be appropriated as herein- 
after provided. 

Amendment. — Chap. 53, 1866. 

[Sect. 1. The secretary of the board of education and the 
treasurer and receiver-general shall be commissioners whose 
duty shall be to invest and manage the Massachusetts school 
fund, and report annually to the legislature the condition 
and income thereof. All new investments of said fund, or 
any part of the same, shall be made with the approval of the 
governor and council.] 



8 SCHOOL FUNDS. [CHAP. 36. 

Income, how Sect. 2. Oiie-lialf of the annual income of said fund shall 

185-1. .300, » 2, 3. be apportioned and distributed for the support of public 
i8oS, 96, § 2. schools withoLit E specific appropriation. All money appro- 
priated for other educational purposes, unless otherwise pro- 
vided by the act appropriating the same, shall be paid from 
the other half of said income so long as it shall be sufficient 
for that purpose. If insufficient, the excess of such appro- 
priations in any year shall be paid from any money in the 
treasury not otherwise appropriated. If the income in any 
year exceeds such appropriations for the year, the surplus 
shall be added to the principal of said fund. 
-howappor- Sect. 3. The iucomo of the school fund appropriated by 

schools. °^ the preceding section to the support of public schools, which 
When towns are ^lav havo accrucd upon the first day of June of each year, 

not entitled to-^,, --iii i -i 

share. shall DC apportioned by the secretary and treasurer, and on 

67. ■ ' the tenth day of July be paid over by the treasurer to the 

1849' mi 1/2 3. treasurers of the several towns and cities for the use of, the 
public schools, according to the number of persons therein 
between the ages of five and fifteen years, ascertained and 
certified as provided in sections three and four of chapter 
forty. But no such apportionment shall be made to a town 
or city which has not complied with the provisions of sections 
five and six of said chapter, or which has not raised by taxa- 
tion for the support of schools during the school year em- 
braced in the last annual returns, including only wages and 
board of teachers, fuel for the schools, and care of fires and 
school-rooms, a sum not less than one dollar and fifty cents 
for each person between the ages of five and fifteen years be- 
longing to said town or city on the first day of May of said 
school year. 

Amendments. — Chap. 98, 1867. 

Income of school [Sect. 1. The third section of the thirty-sixth chapter of 
cuies rnrtowns° tlic Gciioral Statutos is hereby amended, so that the income 
January 25. ^f ^j^g Massacluisctts school fuud, appropriated to the sup- 
port of public schools, which, shall have accrued on the thirty- 
first day of December in each year, shall be apportioned by 
the secretary and treasurer in the manner provided in said 
section, and paid over by the treasurer to the treasurers of 
the several cities and towns, on the twenty-fifth day of 
January thereafter, instead of the times named in said sec- 
tion ; and so much of said section as is inconsistent with the 
provisions of this act is hereby repealed.] 

Chap. 142, 1865. 

[Sect. 1. No apportionment and distribution of the annual 
income of the school fund, as provided by the second and 



C^AP. 36.] SCHOOL FUNDS. 9 

thii^ sections of chapter thirty-six of the General Statutes, conditions on 
shall be made to any town or city which has not complied school "funT is 
with the requisitions of the Jirst and second sections of chap- citLTanrtowus. 
ter thirtp-eig-ht, and the fifth and sixth sections of chapter 
forty of the General Statutes, and of any amendments to 
either of said sections; or which has not raised by taxation Not lesa timn ss 
for the support of schools, during the school year embraced so to be raised. 
in the last annual returns, including only wages and board 
of teachers, fuel for the schools, and care of fires and school- 
rooms, a sum not less than three dollars for each person 
between the ages of five and fifteen years, belonging to said 
town or city on the first day of May of said school year.] 

Chap. 208, 1866. 

[Sect. 1. In the distribution of the income of the school Towns to receiTe 
fund, for the benefit of the public schools of the state, every *"'■ 
city and town complying with all laws in force, relating to 
the distribution of the same, shall annually receive seventy- 
five dollars ; and the residue of said moiety shall annually be 
apportioned among the several cities and towns, in proportion 
to the number of children in each, between the ages of five 
and fifteen years : provided^ thai after the distribution of said Proviso. 
moiety of income in the year eighteen hundred and sixty-nine, 
no city or town in which the district system exists, shall re- 
ceive the seventy-fjve dollars herein specifically appropriated.^ 

Sect. 4. The income of the school fund received by the income received 
several cities and towns shall be applied by the school com- applied."^' ^°'" 
mittees thereof to the support of the public schools therein, 
but said committees may, if they see fit, appropriate there- 
from any sum, not exceeding twenty-five per cent, of the 
same, to the purchase of books of reference, maps and appa- 
ratus for the use of said schools. 

Sect. 5. On the first day of January annually, there shall Appropriations 
be paid out of the income of said school fund as follows, viz. : Account to be 
One hundred dollars to the treasurer of the Marshpee Indians, ji^g'^sl'^-^ eg 
to be applied under his direction to the . support of public isssi isi 
schools among said Indians ; one hundred and sixty-five dol- Ketoives/isW,"" 
lars to the seliactmen of the district of Marshpee, under the ^°' 
provisions of cliapter thirty-five of the Resolves of the year 
one thousand eight hundred and fifty-five ; sixty dollars to 
the trustee of the Gay Head Indians ; sixty dollars to the 
guardian of the Indians of Christiantown and Chippequiddic; 
and twenty dollars to the treasurer of the Herrhig Pond 
Indians ; to be applied by them in like manner to the support 
of public schools among said Indians ; and an annual account 

2 



10 



PUBLIC SCHOOLS. 



[PHAP. 38. 



of the appropriations of said money shall be rendered to the 
governor and council. 



Indian school 
fund, how ap- 
plied, &c. 

1837, 85, § 7. 



INDIAN SCHOOL FUND. 

Sect. 6. The income of the school fund for Indians, 
derived from the surplus revenue of the United States, shall 
be paid annually in the month of March. for public school 
purposes as follows, viz. : to the treasurer of the district of 
Marshpee, sixty dollars ; to the guardian of the Christian- 
town and Chippequiddic Indians, seventy-two dollars, one- 
half thereof for the benefit of said Christiantown and Chip- 
pequiddic Indians, and the other half for the benefit of the 
Gay Head Indians; and to the treasurer of the Herring 
Pond Indians, eighteen dollars. 



Todd fund, how 
applied. 
1850, 63, 88. 



THE NORMAL SCHOOL FUND. 

Sect. T. The income of the Todd fund shall be paid by 
the treasurer of the Commonwealth on the warrant of the 
governor to the board of education, to be by them applied to 
specific objects in connection with the normal schools not 
provided for by legislative appropriation. 



CHAPTER 37. 

OF STATE SCHOLARSHIPS. 

[Repealed, Chap. 210, 1866.] 



CHAPTER 38 



OP THE PUBLIC SCHOOLS. 



public schools. 
Section 

1. Each town to have school six months 
in a year. Branches to be taught. 

2. High school in towns of five hundi-ed 
families. Branches taught. Duration 
of school. Towns of four thousand 
inhabitants. Number of families how 
ascertained. 

3. High school districts in adjacent 
towns, how established. 

4. Committee, how chosen. Powers. 

5. —to determine location of school- 
house. 

6. Expenses apportioned. 

7 Schools may be maintained for those 
over fifteen years of age. 



8. -T-under superintendence of school 
committee. 

9. Female assistants. 

10. Duty of instructors in colleges, &c. 

11. — of ministers and town oflicers. 

12. Towns to raise money for schools. 

13. Funds of corporations for supporting 
schools, not aftected, &c. 

14. Forfeiture for neglect to raise money, 
&c. 

15. Three-fourths of, to be appropriated 
to schools. 

16. School committee, how chosen. Num- 
ber; term of service. 

17 Vacancies, how filled. 
18, When whole committee decline, new 
committee how elected. 



CHAP. 38.] 



PUBLIC SCHOOLS. 



u 



Sectiox 

19. Term of service of person filling 
vacancy. 

Ou election of new board, certain 
duties of old to continue. 
Committee, how increased or dimin- 
ished, 
-records of; secretary. 

23. Committe to contract with teachers, 
unless, &c. 

Instru,ctor to receive and file certifi- 
cate. When and how paid. 
— may be dismissed. Compensation 
to cease. 

26. Examinations and visits by commit- 
tee. 

Bible to be read in schools. Sectarian 
books excluded. 

Committee to direct what books to 
be used. Change of books, how 
made, &c. 
-to procure books, apparatus, &c. 
-for certain scholars at expense of 
town. 



20. 



21. 



22. 



24. 



25. 



27. 



28. 



29. 
30. 



Section 

31. Expense of books so supplied to be 
taxed to parents, &c. 

32. If parents unable to pay, tax may be 
omitted. 

33. Duty of committee where school is 
for benefit of whole town. 

.34. Compensation of committee. 

35. Superintendent of schools, appoint- 
ment, duties and compensation. 

SCHOOL-HOUSES. 

36. Towns not districted, to maintain 
school-houses, &c. 

37. Location of school-houses. 

38. Land may be taken for school-house 
lots, &c. 

39. Owner of land may have jury. Pro- 
ceedings. Damages and costs. 

40 Committee of town not districted to 
have charge of school-houses. 

41. Provisions of chapter to apply to 
cities, except, &o. 



Section 1. In every town there sliall be kept, for at Each town to 
least six months in each year, at the expense of said town, mo^nthfii°ryeM'! 
by a teacher or teachers of competent ability and good fj^^^t"^* 
morals, a sufficient number of schools for the instruction of h. s. 23, § 1. 
all the children who may legally attend public school therein, isss'.s, s§ 1,2. 
in orthography, reading, writing, English grammar, geogra- i^^^'^^^- 
phy, arithmetic, the history of the United States, and good 
behavior. Algebra, vocal music, drawing, physiology, and 
hygiene shall be taught by lectures or otherwise, in all the • 
public schools in which the school committee deem it 
expedient. 

Amendment. — Chap. 7, 1862. 

[Agriculture shall be taught by lectures or otherwise, in Agriculture, 
all the public schools in whicli the school committee deem alThorifed.^' 
it expedient.] 

Sect. 2. Every town may, and every town containing Hish schools in 
five hundred families or householders shall, besides the fSes."^ ^^^ 
schools prescribed in the preceding section, maintain a f^u^i^J^''^ 
school to be kept by a master of competent ability and good 
morals, who, in addition to the branches of learning before 
mentioned, shall give instruction in general history, book- 
keeping, surveying, geometry, natural philosophy, chemistry, 
botany, the civil polity of this Commonwealth and of the 
United States, and the Latin language. Such last men- 
tioned school shall be kept for the benefit of all the inhabi- 



12 



PUBLIC SCHOOLS — HIGH SCHOOLS. [CHAP. 38. 



Duration of 
school. 

Towns of 4.000 
inhabitants. 
B. S. 23, § 5. 
1852, 12.3. 
1857, 20G. § 2. 
16 Mass. 141. 
11 Cush. 178. 



High school 36 
■weeks. 



No. of families, 
how ascertained. 



tants of the town, ten months at least, exclusive of vacations, 
in each year, and at such convenient place, or alternately at 
such places in the tovs^n, as the legal voters at their annual 
meeting determine. And in every town containing foul- 
thousand inhabitants, the teacher or teachers of the schools 
required by this section, shall, in addition to the branches of 
instruction before required, be competent to give instruction 
in the Greek and French languages, astronomy, .geology, 
rhetoric, logic, intellectual and moral science, and political 
economy. 

Amendments.— Chap, 208, 1866. 

[Sect. 2. Any town which shall maintain the school 
required to be maintained by the second section of chapter 
thirty-eight of the General Statutes, not less than thirty-six 
weeks, exclusive of vacations in each year, shall not be liable 
to the forfeiture provided in section first, chapter one 
hundred and forty-two of the laws of the year eighteen 
hundred and sixty-five, for non-compliance with the requisi- 
tions of the aforesaid second section.] (See chap. 36, sect. 3, 
2d amendment.) 

Chap. 226, 1868. 

[Sect. 1. In order to ascertain that any town is subject 
to the requirement of section second, chapter thirty-eight of 
the General Statutes, the number of families or household- 
ers thereof shall be determined by the latest public census 
which shall have been taken, by the authority either of this 
Commonwealth or of the United States.] 



High school dis- 
tricts in adjacent 
towns, how estab- 
lished. 
1848, 279, § 1. 



Committee, how 
chosen. 

Powers. 
1848, 279, § 2. 



. — to determine 
location of 

chool house. 

848, 279, § 3. 



Sect. 3. Two adjacent towns, having each less than five 
hundred families or householders, may form one high school 
district, for establishing such a school as is contemplated in 
the preceding section, when a majority of the legal voters of 
each town, in meetings called for that purpose, so determine. 

Sect. 4. The school committees of the two towns so 
united shall elect one person from each of their respective 
boards, and the two so elected shall form the committee for 
the management and control of such school, with all the 
powers conferred upon school committees and prudential 
committees. 

Sect. 5. The committee thus formed shall determine 
the location of the school-house authorized to be built by 
the towns forming the district, or if the towns do not deter- 
mine to erect a house, sliall authorize the location of such 
school alternately in the two towns. 



CHAP. 38.] PUBLIC SCHOOLS — DUTIES OF INSTRUCTORS. 13 

Sect. 6. In the erection of a school-liouse for the per- ^^^^^'"*pp°''" 
manenf location of such school, in the support and mainte- i84s,279, §4. 
nance of the school, and in all incidental expenses attending 
the same, the proportions to be paid by each town, unless 
otherwise agreed upon, shall be according to its proportion 
of the county tax. 

Sect. 7. Any town may establish and maintain, in addi- ^'^ainuin^rfo? 
tion to the schools required by law to be maintained therein, t^o.e over 15 

i. J ' years of age. 

schools for the education of persons over fifteen years 01 1857, i89, § 1. 
age ; may determine the term or terms of time in each year, 
and the hours of the day or evening during which said 
school shall be kept ; and appropriate such sums of money 
as may be necessary for the support thereof. 

Sect. 8. When a school is so established, the school [;;t"ndtncr"f 
committee shall have the same superintendence over it as ^T-'^j^g*'®' ^ 
they have over other schools ; and shall determine what ' ' . " 
branches of learning may be taught therein. 

Sect. 9. In every public school, having an average of ^^°^^^® *^^'®*" 
fifty scholars, the school district or town to which such i839, 56, § 1. 
school belongs shall employ one or more female assistants, 
unless such district or town, at a meeting called for the 
purpose, votes to dispense with such assistant. 

Sect. 10. It shall be the duty of the president, professors Duty of instruc- 
and tutors of the university at Cambridge and of the several &r '° ^^^^' 
colleges, of all preceptors and teachers of academies, and of ch"5,T2-°°' ' 
all other instructors of youth, to exert their best endeavors R-s. 23, §7. 
to impress on the minds of children and youth committed 
to their care and instruction, the principles of piety and 
justice, and a sacred regard to truth ; love of their country, 
humanity, and universal benevolence ; sobriety, industry, 
and frugality ; chastity, moderation, and temperance ; and 
those other virtues which are the ornament of human society 
and the basis upon which a republican constitution is 
founded ; and it shall be the duty of such instructors to 
endeavor to lead their pupils, as their ages and capacities 
will admit, into a clear understanding of the tendency of the 
above mentioned virtues, to preserve and perfect a republi- 
can constitution and secure the blessings of liberty as well 
as to promote their future happiness, and also to point out 
to them the evil tendency of the opposite vices. 

Sect. 11. It shall be the duty of the resident ministers Duty of minis- 
of the gospel, the selectmen, and the school committees, to officers"'^ ^°''"^ 
exert their hifluence and use their best endeavors that the R-s. 23, §8. 
youth of their towns shall regularly attend the schools 
established for their instruction. 



14 



PUBLIC SCHOOLS — HOW SUPPORTED. [CHAP. 38. 



Towns to raise 
money for schools 
K. S.23, « 9. 
10 Met. 513. 



School funds of 
corporations not 
afCected, &c. 
R. S. 23, § 59. 



Forfeiture for 
neglect to raise 
money. &c. 
R. S. 23, § 60. 
1839, 135. 



— three-fourths 

of, appropriated 
to schools. 
R. S. 23, § 61. 



School commit- 
tee, how chosen, 
&c 
R. S. 2.3, § 10. 

1857, 270, §§1,2, 
1859, 284. 
23 Pick. 225. 
5 Cush. 207. 



Vacancies, how 
filled. 
1857,266, §§1,2 



Sect. 12. The sereral towns shall, at their annual meet- 
ings, or at a regular meeting called for the purpose, raise 
such sums of money for the support of schools as they judge 
necessary ; which sums shall be assessed and collected in 
like manner as other town taxes. 

Sect. 13. Nothing contained in this chapter shall affect 
the right of any corporation established in a town, to manage 
any estate or funds given or obtained for the purpose of sup- 
porting schools therein, or in any wise affect such estate or 
funds. 

Sect. 14. A town which refuses or neglects to raise 
money for the support of schools as required by .this chap- 
ter, shall forfeit a sum equal to twice the highest sum ever 
before voted for the support of schools therein. A town 
which refuses or neglects to choose a school committee to 
superintend said schools, or to choose prudential committees 
in the several districts, when it is the duty of the town to 
choose such prudential committee, shall forfeit a sum not 
less than live hundred nor more than one thousand dollars, 
to be paid into the treasury of the county. 

Sect. 15. Three-fourths of any forfeiture paid into the 
treasury of the county under the preceding section, shall be 
paid by the treasurer to the school committee, if any, other- 
wise to the selectmen of the town from which it is recovered, 
who shall apportion and appropriate the same to the support 
of the schools of such town, in the same manner as if it had 
been regularly raised by the town for that purpose. 

Sect. 16. Every town shall, at the annual meeting, 
choose, by written ballots, a board of school committee, 
which shall have the general charge and superintendence of 
all the public schools in town. Said board shall consist of 
any number of persons divisible by three, which said town 
has decided to elect, one-third thereof to be elected annu- 
ally, and continue in office three years. If a town fails or 
neglects to choose such committee, an election at a subse- 
quent meeting shall be valid. 

Sect. 17. If any person elected a member of the school 
committee, after being duly notified of his election in the 
manner in which town officers are required to be notified, 
refuses or neglects to accept said office, or if any member of 
the board declines further service, or, from change of resi- 
dence or otherwise, becomes unable to attend to the duties 
of the board, the remaining members shall, in writing, give 
notice of the fact to the selectmen of the town, or to the 
mayor and aldermen of the city, and the two boards shall 
thereupon, after giving public notice of at least one week, 



CHAP. 38.] PUBLIC SCHOOLS — COMMITTEES. 15 

proceed to fill such vacancy ; and a majority of the ballots 
of persons entitled to vote shall be necessary to an election. 

Sect. 18. If all the persons elected as members of the when whole com- 
school committee, after such notice of their election, refuse nJw*^ committee 
or neglect to accept the office, or having accepted, afterwards jg^®266^?2 
decline further service, or become unable to attend to the 
duties of the board, the selectmen or the mayor and alder- 
men shall, after giving like public notice, proceed by ballot 
to elect a new board, and the votes of a majority of the 
entire board of selectmen, or of the mayor and aldermen, 
shall be necessary to an election. 

Sect. 19. The term of service of every member elected Term of service 
in pursuance of the provisions of the two preceding sections, vac^a^y" '°° 
shall end with the municipal or official year in which he is J||I' p^' ^^ |- 
chosen, and if the vacancy which he was elected to fill was issg^so.' 
for a longer period, it shall, at the first annual election after 
the occurrence of the vacancy, be filled in the manner 
prescribed for original elections of the school committee. 

Amendment.— Chap. 134, 1865. 

[The term of office of members of the school committee Term of ^soe in 
in citie's, where no different provision has been heretofore 
specifically made, shall commence at the same time, from 
year to year, as is now provided in regard to members of the 
several city councils, anything in the twentieth section of the 
thirty-eighth chapter of the General Statutes to the contrary 
notwithstanding.] 

Sect. 20. All members of the school committee shall ^"^ t^^°*j?° °f 

new board, cer- 

contmue in office for the purpose of superintending the win- tain duties of 
ter terms of the several schools, and of making and trans- i846, 223, § 1. ' 
mitting the certificate, returns, and report of the committee, i857,'i7o,'§l 
notwithstanding the election of any successor at the annual 
meeting ; but for all other duties, the term of office shall 
commence immediately after election. 

Sect. 21. Any town may, at the annual meeting, vote to committee, how 
increase or diminish the number of its school committee, minfshed.""^ *^'' 
Such increase shall be made by adding one or more to each 1857,270, §4. 
class, to hold office according to the tenure of the class to 
which they are severally chosen. Such diminution shall be 
made by choosing, annually, such number as will in three 
years affect it, and a vote to diminish shall remain in force 
until the diminution under it is accomplished. 

Sect. 22. The school committee shall appoint a secretary —records of; 
and keep a permanent record book, in which all its votes, isssViosijS. 
orders and proceedings shall by him be recorded. 



16 



PUBLIC SCHOOLS — COMMITTEES. [CHAP. 38. 



— to contract 
with teachers, 
unless, &c. 
R. S. 23, § 13. 
1838, 105, § 2. 
1859, 60. 



Teachers to re- 
ceive and file 
certificate. 
— when and how 
paid. 

R. S. 23, § 14. 
1850, 115. 
1855, 126. 



— may be dis- 
missed, &c. 
1844, 32. 



Examinations 

•and visits by 

committee. 

R. S. 23, §§ 15, 

16. 



Bible to be read 
in schools with- 
out note or com- 
ment. 

— version not to 
be compulsory. 
Sectarian boobs 
excluded. 
E. S. 23. §23. 
1855, 410. 



Sect. 23. The school committee, unless the town at its 
annual meeting determines that the duty may be performed 
by the prudential committee, shall select and contract with 
the teachers of the public schools ; shall require full and 
satisfactory evidence of the good moral character of all 
instructors who may be employed ; and shall ascertain, by 
personal examination, their qualifications for teaching and 
capacity for the government of schools. 

Sect. 24. Every instructor of a town or district school 
shall, before he opens such school, obtain from the school 
committee a certificate in duplicate of his qualifications, one 
of which shall be deposited with the selectmen before any 
payment is made to such instructor on account of his services ; 
and upon so filing such certificate, the teacher of any public 
school shall be entitled to receive, on demand, his wages due 
at the expiration of any quarter, or term longer or shorter 
than a quarter, or upon the close of any single term of 
service, subject to the condition specified in section thirteen 
of chapter forty. 

Sect. 25. The school committee may dismiss from 
employment any teacher whenever they think proper, and 
such teacher shall receive no compensation for services 
rendered after such dismissal. 

Sect. 26. The school committee, or some one or more of 
them, for the purpose of making a careful examination of 
the schools, and of ascertaining that the scholars are properly 
supplied with books, shall visit all the public schools in the 
town on some day during the first or second week after the 
opening of such schools respectively, and also on some day 
during the two weeks preceding the closing of the same ; 
and shall also for the same purposes visit, without giving 
previous notice thereof to the instructors, all the public 
schools in the town once a month, and they shall, at such 
examinations, inquire into the regulation and discipline of 
the schools, and the habits and proficiency of the scholars 
therein. 

Amendment.— Chap. 57, 1862, substituted for Sect. 27. 

[Sect. 1. The school committee shall require the daily 
reading of some portion of the Bible, without written note 
or oral comment, in the public schools, but they shall require 
no scholar to read from any particular version, whose parent 
or guardian shall declare that he has conscientious scruples 
against allowing him to read therefrom, nor shall they ever 
direct any school books calculated to favor the tenets of any 
particular sect of Christians, to be purchased or used in any 
of the public schools.] 



CHAP. 38.] PUBLIC SCHOOLS — SCHOOL BOOKS. 17 

Sect. 28. The school committee shall direct what books school books, 
shall be used in the public schools, and no change shall be made,Tc°^' ^""^ 
made in said books except by the unanimous consent of the ^g.|- 1| ^^^l' 3 
whole board, unless the committee consists of more than 
nine, and questions relating to school books are intrusted to 
a sub-committee. In that case, the consent of two-thirds of 
the whole number of said sub-committee, with the concur- 
rent vote of three-fourths of the whole board, shall be 
requisite for such change. If any change is made, each 
pupil then belonging to the public schools, and requiring 
the substitnted book, shall be furnished with the same, by 
the school committee, at the expense of said town. 

Amendments.— Chap. 126, 1863. 

[Sect. 1. In any city in which the school committee con- 
sists of more than eighteen persons, a change may be made 
in the school books used in the public schools in such city, 
by a majority of the whole committee, at a legal meeting of 
said committee. Notice of such intended change shall be 
given at a previous meeting thereof.] 

Chap. 155, 1867.* 

[Sect. 1. In any town or city in this Commonwealth, in 
which the school committee consists of less than twelve, a 
change may be made in the school books, in the public 
schools in such town or city, by a vote of two-thirds of the 
whole committee, at a meeting of said committee, notice of 
such intended change having been given at a previous meet- 
ing of said committee.] 

Sect. 29. The school committee shall procure, at the committee to 
expense of the city or town, a sufficient supply of text- books^^^ appal 
books for the public schools, and give notice of the place r.'s!2mi9. 
where they may be obtained. Said books shall be furnished JH-^f'gy' 
to the pupils at such prices as merely to re-imburse the 
expense of the same. The school committee may also 
procure, at the expense of the city or town, such apparatus, 
books of reference, and other means of illustration as they 
deem necessary for the schools under their supervision, in 
accordance with appropriations therefor previously made. 

Sect. 30. If any scholar is not furnished by his parent, —for certain 
master or guardian, with the requisite books, he shall be pen°eTf tow'^n." 
supplied therewith by the school committee at the expense R-s.23, §20. 
of the town. 



18 PUBLIC SCHOOLS — SUPERINTENDENTS. [CHAP. 38. 

Expense of books Sect. 31. TliG school Committee shall give notice in writ- 
taxe'd'to parents^ ing to the assBssors of the town of the names of the scholars 
E°!s. 23, §2L supplied with books under the provisions of the preceding 
section, of the books so furnished, the prices thereof, and the 
names of the parents, masters or guardians, who ought to 
have supplied the same. The assessors shall add the price 
of the books to the next annual tax of such parents, masters 
or guardians ; and the amount so added shall be levied, col- 
lected, and paid into the town treasury, in the same manner 
as the town taxes. 
If parents unable Sect. 32. If the assossors are of opinlou that auj parcut, 
be omitted. mastcr, or guardlau, Is unable to pay the whole expense of 
E. s. 23, § 22. ^Y^^ books SO Supplied on his account, they shall omit to add 
the price of such books, or shall add only a part thereof, to 
his annual tax, according to their opinion of his ability to 

Duty of commit- Sect. 33. lu any towii Containing fivc hundred families 
iTfoT brnefit°of in which a school is kept for the benefit of all the inhabi- 
rI's-Vs^Tii. tants as before provided, the school committee shall perform 
the like duties in relation to such school, the house where it 
is kept, and the supply of all things necessary therefor, as 
the prudential committee may perform in a school district. 
Compensation of Sect. 34, Thc mcmbcrs of the school committee shall be 
i838"i05*^§ 4. paid in cities one dollar, and in towns one dollar and a half, 
1859,103. each, a day, for the time they are actually employed in dis- 

charging the duties of their office, together with such addi- 
tional compensation as the town or city may allow. 
Superintendent Sect. 35. Any towii aunually by legal vote, and any city 
poin'tme°nt', II'- by au ordinaucc of the city council, may require the school 
1854^14. committee annually to appoint a superintendent of public 

1856; 232, §§1,2. scliools, who, uudcr the direction and control of said com- 
mittee, shall have the care and supervision of the schools', 
with such salary as the city government or town may deter- 
mine ; and in every city in which such ordinance is in force, 
and in every town in which such superintendent is appointed, 
the school committee shall receive no compensation, unless 
otherwise provided by such city government or town. 

Amendment.— Chap. 101, 1860. 

Compensation of. [Sect. 1. The Compensation of Superintendents of public 
schools provided for in the thirty-fifth section of the thirty- 
eighth chapter of the General Statutes, passed December 
twenty-eighth, eighteen hundred and fifty-nine, sluill in no 
case be less than one dollar and fifty cents for each day of 
actual service.] 



CHAP. 38.] PUBLIC SCHOOLS — SCHOOL-HOUSES. 19 

Sect. 36. Every town not divided into school districts J?''"s ^°* "^.'s- 

., ,"'.. fv- 1 C11 tricted, to main- 

shall provide and maintain a sumcient number oi school- tainschooi-hous- 
houses, properly furnished and conveniently located, for the r.'s.23. §32. 
accommodation of all the children therein entitled to attend Hg'^'n^s. 
the public schools ; and the school committee, unless the 
town otherwise direct, shall" keep them in good order, pro- 
curing a suitable place for the schools, where there is no 
school-house, and providing fuel and all other things neces- 
sary for the comfort of the scholars therein, at the expense 
of the town. 

Sect. 37. Any town, at a meeting legally called for the i-ocation of 

o o ^ »/ school -liouses 

purpose, may determine the location of its school-houses, r.s. 23, §§ 28, 32. 
and adopt all necessary measures to purchase or procure the ^^^^'^s^'^*. 
land for the accommodation thereof. 

Sect. 38. When land has been designated by a town, i-and may be 
school district, or those acting under its authority, or deter- house k"! &c* 
mined upon by the selectmen as a suitable place for the \lll\ l%i I \\ 
erection of a school-house and 'necessary buildings, or for ^ Gray, 414. 
enlarging a school-house lot, if the owner refuses to sell the 
same, or demands therefor a price deemed by the selectmen 
unreasonable, they may, with the approbation of the town, 
proceed to select, at their discretion, and lay out, a school- 
house lot, or an enlargement thereof, and to appraise the 
damages to the owner of such land in the manner provided 
for laying out highways and appraising damages sustained 
thereby ; and upon payment, or tender of payment, of the 
amount of such damages, to the owner, by the town, the 
land shall be taken, held, and used, for the purpose afore- 
said. But no lot so taken or enlarged shall exceed, in the 
whole, eighty square rods, exclusive of the land occupied by 
the school buildings. 

Sect. 39. When the owner feels aggrieved by the laying owner of land, 
out or enlargement of such lot, or by the award of damages, ProLedlngs!^^' 
he may, upon application therefor in writing to the county foX'^"^ *"'* 
commissioners within one year thereafter, have the matter of |^|^' '^^^■ 
his complaint tried by a jury, and the jury may change the isosi 10. 
location of such lot or enlargement, and assess damages ''^^' 
therefor. The proceedings shall in all respects be conducted 
in the manner provided in cases of damages by laying out 
highways. If the damages are increased, or the location 
changed, by the jury, the damages and all charges shall be 
paid by the town ; otherwise the charges arising on such 
application shall be paid by such applicant. The land so 
taken shall be held and used for no other purpose than that 
contemplated by this chapter, and shall revert to the owner, 
his heirs or assigns, upon the discoiituiuance there, for one 



20 



PUBLIC SCHOOLS — SCHOOL DISTRICTS. [CHAP. 39. 



year, of such school as is required by law to be kept by the 
town. 

Sect. 40. The school committee of a town in which the 
school district system has been abolished, or does not exist, 
shall have the general charge and superintendence of the 
houses"^ ^*'^°°^" school-houses in said town, so far as relates to the use to 
which the same may be appropriated. 

Sect. 41. Except as may be otherwise provided in their 
respective charters, or acts in amendment thereof, the pro- 
visions of this chapter, so far as applicable, shall apply to 
cities. And the mayor and aldermen in the several cities 
are authorized to execute the powers given in section thirty- 
eight of this chapter to the selectmen and town. 



Committee of 
town not dis- 
tricted, to have 



Provisions of 
cliapter to ap- 
ply to cities, 
except, &c. 



CHAPTER 39. 



OF SCHOOL DISTRICTS. 



school distkicts. 
Section 

1. Districts, how formed, when reorgan- 
ized. 

2. —to be corporations for certain pur- 
poses. 

3. — may be abolished, &c. 

4. — towns to vote on abolition of. 

5. —secretary to notify towns, &c., to 
insert in warrant concerning. 

6. —corporate powers of, to continue 
for certain purposes. 

7. Prudential committee in each district. 
Duties. 

8. —may be chosen by the districts. 

9. —to consist of three persons in cer- 
tain cases. 

10. —vacancies in, how tilled. 

11. — prudential committee, duties of, to 
be performed by town committee, 
when, &c. 

12. If district does not establish school, 
town committee may, &c. 

13. District meetings, selectmen, &c., 
may issue warrants for. 

14. —manner of warning. 

15. —districts may prescribe mode of 
calling. 

16. Clerk to be chosen, and sworn, keep 
records, &c. 

17. —liable only for want of integrity. 
District, when liable. 

18. Districts may raise money for school- 
houses; may fix site. 



Section 

19. Towns may provide school-houses at 
the common expense. 

20. Selectmen to determine site, in case, 
&c. 

21. Penalty on school district for not pro- 
viding school-house. 

22. Personal and real estate, where taxed. 

23. Manufacturing corporations, where 
taxed. 

24. Non-residents, where taxed. 

25. Same subject. 

26. School taxes assessed like town taxes. 

27. Assessors to issue warrants to col- 
lectors. 

28. Money raised, to be at disposal of 
committees. 

29. If district refuses to raise money, 
town may order it. 

30. If district neglects to organize, school 
committee may provide, &c. 

31. Collectors to proceed as in collecting 
town taxes. 

32. Treasurer to have like powers, &c. 

33. Compensation of assessors, &c. 

34. Abatement of taxes. 

UNION DISTEICXS. 

35. Union districts, how formed, &c. 

36. First meeting. Subsequent meetings. 
Location of house. 

37. Clerk, how chosen, &c. 

38. Assessments, how made. 



CHAP. 39.] PUBLIC SCHOOLS — SCHOOL DISTRICTS. 



21 



Section 

39. Prudential committees, how consti- 
tuted. Powers and duties, &c. 

40. Usual scliools maintained. 

41. School committees, powers and duties 
of. 

CONTIGUOUS SCHOOL DISTEICTS IN AD- 
JOINING TOWNS. 

42. Contiguous districts . in adjoining 
towns may unite. 



Section 

43. Union not formed without consent of 
districts, &c. 

44. United districts may be separated. 

45. — meetings of, how called. 

46. Prudential committee to be chosen, 
&c. 

47. Money raised, to be in proportion, &c. 

48. — how assessed. 

49. School committees of adjoining towns 
to officiate in turns. 



Section 1. Towns may provide for the support of schools Districts. 
without forming school districts ; or may, at a meeting called im, hh. 
for the purpose, divide into such districts and determine the 23°pick!^70. 
limits thereof; but shall not, oftener than once in ten years ^(fcush^tis 
from the second day of May, eighteen hundred and forty- 4 Gray, 250.* 
nine, be districted anew so as to change the taxation of lands ^ ^'^^^' ^^^' 
from one district to another having a different school-house. 

Amendment. — Chap. 54, 1867. 

TfeECT. 1. The provision of section one of chapter thirty- .5 ^ °°' ^^v^V.^l^ 

.L 1 m !•• T'l"^ town aDOlish- 

nme oi the General fetatutes, authorizing towns to divide ing districts un- 
into school districts, shall not be applicable to any town ^^^^^ ' 
which has [abolished] or shall hereafter abolish the school 
districts therein by virtue of the provisions of the third and 
fourth sections of said chapter.] 

Sect. 2. A school district shall be a body corporate so far — to be corpora- 
as to prosecute and defend in all actions relating to the pro- r°s*"23,''h 57, 
perty or affairs of the district, and may take and hold, in fee isMass. 193. 
simple or otherwise, any estate real or personal given to or io^et^464^*^' 
purchased by the district for the support of a school or 
schools therein. 

Sect. 3. A town may, at any time, abolish the school dis- -maybeaboi- 
tricts therein, and shall thereupon forthwith take possession i850,286,'§i 
of all the school-houses, land, apparatus and other property 
owned and used for school purposes, which such districts 
might lawfully sell and convey. The property so taken shall 
be appraised under the direction of the town, and at the 
next annual assessment thereafter, a tax shall be levied upon 
the whole town, equal to the amount of said appraisal ; and 
there shall be remitted to the tax payers of each district the 
said appraised value of its property thus taken. Or the dif- 
ference in the value of the property of the several districts 
may be adjusted in any other manner agreed upon by the 
parties in interest. 

Sect 4. Every town divided into school districts shall, at 
the annual meeting in the year eighteen hundred and sixty- 



1852, 199. 
19. 



— towns to Tote 
on abolition of. 



22 



PUBLIC SCHOOLS — PRUDENTIAL COMMITTEES. [CHAP. 39. 



— secretary to no- 
tify towns, &c., 
to insert in war- 
rant concerning. 



— corporate pow- 
ers of, to continue 
for certain pur- 



Prudential com- 
mittee in each 
district. 
Duties. 
R. S. 23, § 25. 
1838. 105, § 2. 
11 Pick. 260. 
4 Cush. 599, 
8 Cush. 191. 



Prudential com- 
mittee, how 
chosen. 
R. S. 23, { 26 
21 Pick. 75. 



— to consist of 
three persons. 
1839, 137. 
4 Gray, 250. 



— vacancies in, 
how filled. 
1853, 451. 



— town commit- 
tee to act as, 
wlien, &c. 
R. S. 23, § 31. 



three, and every third year thereafter, vote upon the ques- 
tion of abolishing such districts. 

Sect. 5. The secretary of the Commonwealth, on the re- 
currence of a year when the vote thus required is to be had, 
shall seasonably notify thereof the selectmen of the several 
towns, and require them, in towns retaining the school dis- 
trict system, to insert an article in the warrant for the annual 
meeting, for the purpose specified in the preceding section ; 
and the selectmen of any town who neglect to insert such 
article in the warrant, when so required, shall forfeit twenty 
dollars. 

Sect. 6. Upon the abolition or discontinuance of any dis- 
trict, its corporate powers and liabilities shall continue and 
remain so far as may be necessary for the enforcement of its 
rights and duties ; and the property which it possessed at the 
time shall be subject to all legal process against it. 

Sect. 7. Every town divided into school districts shall, 
at its annual meeting, choose one person, resident in each 
school district, to be a committee for that district, and to be 
called the prudential committee, who shall keep the school- 
house in good order at the expense of the district ; and if 
there is no school-house, shall provide a suitable place for the 
school of the district at the expense thereof; shall provide 
fuel and all things necessary for the comfort of the scholars 
therein ; give information and assistance to the school com- 
mittee of the town to aid them in the discharge of the duties 
required of them ; and, when the town so determines, shall 
select and contract with an instructor for each school in the 
district. 

Sect. 8. If a town so determines, the prudential com- 
mittee may be chosen by the legal voters of the several 
school districts to which they respectively belong, in sucli 
manner as the district directs. 

Sect. 9. When a town determines that the prudential 
committees shall select and contract with the school teachers 
for their districts, three persons in each district may be chosen 
to act as such committee. 

Sect. 10. When the office of prudential committee he- 
comes vacant in any distinct, by reason of the death, resig- 
nation, or removal of the person or persons elected, such 
district may fill the vacancy at a legal meeting called for the 
purpose. 

Sect. 11. When no prudential committee is chosen for a 
school district, the school committee shall perform all the 
duties of the prudential committee. 



CHAP. 39.] PUBLIC SCHOOLS — DISTRICT MEETINGS. 23 

Sect. 12. If a school district neglects or refuses to estab- "j'^'^'^g^^j^jf,?®^ 
lisli a school and employ a teacher for the same, the school school, town 
committee may establish such school and employ a teacher r!s!23^^^7' 
therefor, as the prudential committee might have done. 

Sect. 13. The selectmen of the several towns divided P'strict meet- 
into school districts as aforesaid^ or the prudential committee &c.,' may issue 
of every such district, upon .application made to either of ^^''.''23' fie. 
them respectively, in writing, by three or more residents scush. 592. 
who pay taxes in the district, shall issue their warrant, 
directed to one of tlie persons making the application, re- 
quiring him to warn the inhabitants of such district, qualified 
to vote in town affairs, to meet at the time and place in the 
district expressed in the warrant. 

Sect. 14. Tlie warning shall be given seven days at least — manner of 
before the time appointed for the meeting, by personal notice R^s"'2f, § 47. 
to every inhabitant of tlie district qualified to vote in town toitfss! 3I5. 
affairs, or by leaving at his last and usual place of abode a ispick. 206. 
written notification, expressing the time, place and purpose 
of the meeting, unless the district prescribes another mode of 
warning its meetings. 

Sect. 15. A school district, at any regular meeting having —districts may 

,. 1 . ,, j_ J' ii j_ •! J.1 prescribe mode 

an article in the warrant lor that purpose, may prescribe the of calling. 
mode of warning all future meetings of the district ; an(J may fgso, '213.^ *^' 
also direct by whom and in what manner such meetings may l^J^^^ ^^^^ 
be called. Notwithstanding such prescribed mode, meetings 8 cush! 592! 
may nevertheless be called in accordance with the provisions 
of the two preceding sections. 

Sect. 16. The inhabitants of each school district, qualified cierk to bechos- 
to vote in town affairs, shall choose a clerk, who shall be keep records, &c! 
sworn by the moderator, in open meeting, or by a justice of 2ipick,'75. 
the peace ; make a fair record of all votes passed at meetings ^^ ^^^- '^'^^• 
of the district ; certify the same when required, and hold his 
office until a successor is chosen and qualified. 

Sect. 17. The clerk shall be answerable only for want of — liawe only 
integrity on his own part ; and if he certifies truly to the intejruy." ° 
assessors of the town tlie votes of the district for raising, by nabir*^' ^^^^ 
a tax, any sum of money, the district sliall be liable in case ?-S.?^vtP" 

f. .,, T . , *'' ,. . 1 . . . 10 Pick. 643 

01 any illegality in the proceedings m relation to raising 11 pick 456. 
such money. 

Sect. 18. The legal voters of any district, at a meeting Districts may 

iii«., , . n ,. raise money for 

called lor that purpose, may raise money lor erecting or re- schooi-houses. 
pairing school-houses in their district ; for purchasing or f^^^™^^ """^ ^^ 
hiring any buildings to be used as school-houses, and land fg,!' gf ' / ^^" 
for the use and accommodation thereof; and for purchasing 21 pick.' 75." 
libraries and necessary school apparatus, fuel, furniture, and ^ ^"^ 
other necessary articles, for the use of schools ; they may also 



24 PUBLIC SCHOOLS — EAISING MONEY. [CHAP. 39- 

determine in what part of their district such school-houses 
shall stand, and choose any committee to carry into effect 
the provisions aforesaid. 
Towns may pro- Sect. 19. The legal voters of every town may, if they 
es,at"the common thiuk it cxpedieut, Carry into effect the provisions of the 
k!'s°23!§32. preceding section at the common expense of the town, so far 
1850, 286, § 2. ag relates to providing school-houses for the several school 
districts of the town ; and the town in such case may, at 
any legal meeting, raise money and adopt all other proper 
measures for this purpose, and, if already districted, may 
take possession of the school-houses and property of the sev- 
eral districts in the manner provided in section three of this 
chapter. 
Peieotmen to Sect. 20. If 9, scliool distrlct caiiuot determine by a vote 
incase, &c. ' of two-tliirds of tlic legal voters present and voting thereon, 
fsoyiiiQ.^ ' where to place their school-house, the selectmen, upon appli- 
2 Gray, 414. catiou uiado to thciu by the committee appointed to build or 
procure the school-house, or by five or more of the legal 
voters of the district, shall determine where such school- 
house shall be placed. 
Penalty on school Sect. 21. A scliool district, obliged by law to procure a 
providingTchooi- Suitable school-house, shall, for neglecting one year so to do, 
house. j^Q liable to a fine not exceeding two hundred dollars, to be 

recovered by indictment, on complaint of any legal voter in 
said district, to be appropriated to the support of schools 
therein. 
Personal and real Sect. 22. Ill raising and assessing money in the several 
taxed.' school districts, every inhabitant of the district shall be taxed 

5 jfasf^slo^' ill the district in which he lives, for all his personal estate, 
12 Met. 181. and for all the real estate which he holds in the town, being 
under his own actual improvement ; and all other of his 
real estate in the same town shall be taxed in the district in 
which it lies. 

Amendment.— Chap. 196, 1866. 

Act of 1864 and [Sect. 1. Nothing contained in chapter two hundred and 
shares in^cofpo- cight of tho acts of thc year eighteen hundred and sixty- 
exemp't owners! four. Or iu chapter two hundred and eighty-three of the acts 
of the year eighteen hundred and sixty-five, shall be con- 
strued to exempt the owners of shares in the capital stock of 
any corporation from liability to taxation for school district 
and parish j)urposes.] 

Manufacturing Sect. 23. Ill tlic assessmont of taxes pursuant to the 

corporations, ,. . ., , - ,.* ,, . 

where fcixed. prcceduig scctiou, all real estate and machinery belonging to 

isooj 301.^ ^*' manufacturing corporations or establishments shall b.e taxed 

in the school districts where the same are situated : and in 



CHAP. 39.] PUBLIC SCHOOLS — DISTEICT TAXES. 25 

assessing the shares in such corporation, or the personal 
estate of the owners of such establishments, for the like pur- 
poses, the value of such machinery and real estate shall first 
he deducted from the value of such shares or personal 
estate. 

Sect. 24. All the land within a town, owned by the same Non-residentg, 
person not living therein, shall be taxed in the same district, r. s'^^.Tse. 

Sect. 25. When the estate of a non-resident owner is same subject, 
taxed, it may be taxed in such district as the assessors of the • • > ^ • 
town determine; and the assessors, before they assess a tax 
foT any district, shall determine in which district the estate 
of any such non-resident shall be taxed, and certify 'in writ- 
ing their determination to the clerk of the town, who shall 
record the same ; and such estate, while owned by the same 
person resident without the limits of the town, shall be taxed 
in such district accordingly until the town is districted anew. 

.Sect. 26. The assessors of the town shall assess, in the school taxes as- 

, , -ii 1 sessed like town 

same manner as town taxes are assessed, on the polls ana taxes. 
estates of the inhabitants of each school district, and on all 3mms^230^^' 
estates liable to be taxed therein as aforesaid, all i^oi^^y 3^Cp".^^^|67. 
voted to be raised by the legal voters of such district for the 12 Met its. 
purposes aforesaid ; and such assessment shall be made 
within thirty days after the clerk of the district lias certified 
to said assessors the sum voted by the district to be raised. 

Sect. 27. The assessors shall make a warrant, substan- Assessors to issue 
tially in the form heretofore used, except tliat a seal shall Jlctors"^ 
not be required thereto, directed to one of the collectors of ^•pfctf.^496^^' 
the town, requiring him to collect the tax. so assessed, and 12 pick. 214. 
to pay tlie same to the treasurer of the town within a time 
to be limited in the warrant ; and a certificate of the assess- 
ment shall be made by the assessors and delivered to the 
treasurer. 

Sect. 28. The money so collected and paid shall be at Money raised to 

IT 1 /:• 1 • • 1 1 1 T • , be at disposal of 

the disposal 01 the committee appointed by the district, to be committees. 
by them applied to the building or repairing of school-houses, ' " ' 
or to the purchase of buildings to be used as such, or of land 
for their sites, as before provided, and according to the votes 
or directions of the legal voters of the district. 

Sect. 29. If at a meeting of the legal voters of a school jf district refuses 

c3 o . . to raise money, 

district called for the purpose of raising money, a majority town may order- 
of the voters present are opposed thereto, any five inhab- r! s. 2.3, § 44. 
itants of the district, who pay taxes, may make application •^^*^' ^'*" 
in writing to the selectmen of the town, requesting them to 
insert in tlieir warrant for the next town meeting an article 
requiring the opinion of the town relative to the expediency 
of raising such money as was proposed in the warrant for 



26 



PUBLIC SCHOOLS — UNIOK DISTRICTS. [CHAP. 39. 



If district neg- 
lects to organize, 
school committee 
may provide, &c. 
1858, lis, § 1. 



Collectors, how 
to collect taxes. 
R. S. 23, § 40. 



Treasurer, pow- 
ers of, &c. 
R. S. 23, § 41. 



Compensation of 
assessors, &c. 
R. S. 23, § 42. 



Abatement of 



the district meeting ; and if the majority of the voters think 
the raising of any of the sums of money proposed in the 
warrant is necessary and expedient, they may vote such sum 
as they think necessary for said purposes, and the same shall 
be assessed on the polls and estates of the inhabitants of 
such district, and be collected and paid over in the manner 
before provided. They may also empower the selectmen of 
the town, or the school committee, or may choose a com- 
mittee, to carry into effect the purposes for which such 
money is voted, if such district neglects or refuses to choose 
a committee for that purpose. 

Sect. 80. If a district neglects to organize by the choice 
of officers, the money necessary for the erection, repair, or 
enlargement, of a school-house therein, may be expended by 
order of the school committee, and, upon their certificate, 
shall be assessed upon the polls and estates of the inhabitants 
of the district, collected like other district taxes, and paid 
into the treasury of the city or town. 

Sect. 31. In collecting district taxes the collectors shall 
have the same powers and proceed in the manner provided 
by law in collecting town taxes. 

Sect. 32. The treasurer of a town, to whom a certificate 
of the assessment of a district tax is transmitted, shall have 
the like authority to enforce the collection and payment of 
the money so assessed and certified, as he has in the case of 
money raised by the town, for the use of the town. 

Sect. 33. The assessors, treasurer, and collector, shall 
have the same compensation, respectively, for assessing, col- 
lecting, and paying out money, assessed for the use of a 
school district, as is allowed by the town for like services in 
respect to town taxes. 

Sect. 34. The assessors shall have the same power to 
abate the tax, or any part thereof, assessed on an inhabitant 
of a school district, as they have to abate town taxes. 



Union districts, 

how formed. &c. 

1S38, 189, §§ 1,2 

5. 

1839, 56, § 2. • 



UNION DISTRICTS. 

Sect. 35. Two or more contiguous school districts in a 
town may, by a vote of two-thirds of the legal voters of each 
district, present and voting at legal meetings of their 
respective districts called for the purpose, associate and form 
a union district, for the purpose of maintaining' a union 
school for the benefit of the older children of such associated 
districts ; such district sliall have the powers, privileges and 
liabilities of scliool districts, with such name as the district 
determines at its first meeting. 



CHAP. 39.] PUBLIC SCHOOLS — CONTIGUOUS DISTRICTS. 27 

Sect. 36. The districts proposing such association shall, First meeting. 

. p. p 1 . . ^ Subsequent 

at the time oi voting to lorm the union, respectively agree meetings. Loca- 
iipon the time, place and manner of calling the first meet- i838°i89°"r3, 5- 
ing of the union district, which may from time to time 
determine the mode of calling and warning its meetings, the 
time and place of its annual meetings, and the place where 
its school-house shall stand. The location of the school- 
house, if not determined by the district, shall be referred to 
the selectmen, as provided for other districts. 

Sect. 37. Each union district, at its first meeting, shall ^jj®^^^^; ''^^ 
choose by ballot a clerk, who shall be sworn in the manner, isss, i89, §'4. 
and perform the duties, prescribed for clerks of other school 
districts, and hold the office until a successor is chosen and 
qualified. 

Sect. 38. In raising and assessing money in such dis- Assessmenta, 
tricts, every inhabitant shall be taxed in the manner in which i838,"i89r§ i- 
inhabitants of other school districts are taxed, and the real • 
estate of non-resident owners taxable in either of the dis- 
tricts composing the union district shall be taxed in such 
districts. 

Sect. 39. The prudential committees of the respective Prudenti.Hi com- 
districts, forming the union district, shall together consti- ^ituTed. °"'^°°" 
tute the prudential committee of such district ; have the Jjerfcc"'*^ '^"' 
powers and discharge the duties, in relation to the school i838,i89,§§ 6,7. 
and school-house of the district, prescribed to prudential 
committees in relation to the schools and school-houses in 
their respective districts ; and determine what proportion of 
the money raised and appropriated by the town for each of 
the districts composing the union district shall be appro- 
priated and expended in paying the instructors of the union 
school ; subject in all matters to any legal votes of the union 
district. 

Sect. 40. The public schools required by law shall con- usuai .schools 

. -, . ^ f 1 T • 1 • -\ maintained. 

tmue to be maintained in each or the districts thus associated, i838, i89, § 7. 
as if no union district had been formed. 

Sect. 41. The school committee shall have the powers school commit- 
and duties in relation to such union school which they have duties of. 
in relation to other district schools. ^^^^' ^^^' ^ ^• 

Amendment.— Chap. 132, 1861. 

[Sect. 1. Any two or more contiguous school districts in contieuous dis- 

L ■ , y ^ 111 •,! If tricts may unite. 

any town in tins Commonwealth, may be united and lorm 
one school district : provided, that at a legal town meeting 
held for that purpose, a majority of the voters present and 
voting thereon shall be in favor of such union. 



28 



PUBLIC SCHOOLS — CONTIGUOUS DISTEICTS. [CHAP. 39. 



Privileges and re- 
stiictiOQS. 



Sect. 2.. Such school district when formed, shall have 
all the powers, privileges, and be subject to the liabilities, of 
school districts under the law of this Commonwealth.] 



Contiguous dis- 
tricts in adjoin- 
ing towns may 
unite. 
E. S. 23, § 49. 



Union not form- 
ed without con- 
gent of districts, 
&c. 
R. S. 23, § 50. 



United districts 
may be separat- 
ed. 
R. S. 23, § 51. 



— meetings of, 
how called. 
R. S. 23, § 52. 



Prudential com- 
mittee to be chos- 
en, &c. 
R. S. 23, § 53. 



Money raised to 

be in proportion, 

&c. 

R. S. 28, § 54. 



Money, how as- 
sessed. 
R. S. 23, § 55. 



School commit- 
tees of adjoining 



CONTIGUOUS SCHOOL DISTRICTS IN ADJOINING TOWNS. 

Sect. 42. If two or more contiguous school districts in 
adjoining towns are too small to maintain' schools advantage- 
ously in each, such districts may unite and form one district, 
with the powers, privileges, and liabilities allowed or pre- 
scribed in regard to school districts. 

Sect. 43. No district shall be so united, unless the legal 
voters of each, at legal meetings called for the purpose, 
agree thereto ; nor, unless the respective towns, at ' legal 
to'wn meetings called for the purpose, assent to the same ; 
and when such vote is passed by a school district, the clerk 
thereof shall forthwith send a certified copy to the clerk of 
his town. 

Sect. 44. When the voters in such united district, at a 
legal meeting called for the purpose, deem it expedient to 
separate and again form two or more districts, they may do 
so, first obtaining the consent of the respective towns. 

Sect. 45. The first meeting of such united district shall 
be called in the manner agreed upon by the respective dis- 
tricts at the time of forming the union ; and such district 
may, from time to time thereafter, prescribe the mode of 
calling and warning its meetings as Other school districts 
may do. 

Sect. 46. Such district, at the first meeting and annually 
thereafter, shall choose a prudential committee, who shall 
receive and expend the money raised and appropriated in 
each town for tlie united district, and possess the powers and 
discharge the duties allowed or prescribed to the prudential 
committees of other districts. 

Sect. 47. The legal voters of a united district shall, at 
the time of voting to raise such money, determine the 
amount to be paid by the inhabitants in each town, which 
shall be in proportion to their respective polls and estates ; 
and the clerk of the district shall certify such vote to the 
assessors of each of said towns. 

Sect. 48. All money duly voted' to be raised by any such 
united district shall be assessed by the assessors of the 
respective towns upon the polls and estates of the inhabit- 
ants of the district, and collected, as taxes are assessed and 
collected in other school districts. 

Sect. 49. The respective school committees of the towns 
from which such united district is formed shall discharge the 



CHAP. 39.] PUBLIC SCHOOLS — UNION SCHOOLS. 29 

duties of school committee for the district in alternate years, l"'^'^^*^ °®"**® 
commencing with the most ancient town. k. s.23, § 56. 

Amendments. — Chap. 255, 1865. 

[Sect, 1. United school districts, in adjoining towns, may ^^^^ ^'g^^^^"^^^^ 
be separated by vote of such towns, whenever said towns agreed upon. 
shall have determined by mutual agreement, upon the 
appraised value, and mode of disposition of the property of 
such district, and the proportion of said appraised value to 
which each part of said district shall be entitled. 

Sect. 2. Upon such separation, the property of the ^,l°l^l^J^^° J^^ 
united district shall become vested in accordance with said mem made as 
previous agreement ; and the town or school district which ^""^ 'sreement. 
shall take possession thereof, shall be held to pay to the other 
town for the benefit of the school district therein, such sum 
or sums of money, and at such times, as shall be determined 
by said previous agreement. 

Sect. 3. In case either town shall have abolished the Town aboiishmgE 
other school districts therein, the proportion of the value of arraDgemeut"unl 
the property of such united district, to which the separate ^ero. s. 
district in such town would be entitled on such separation, 
shall be adjusted, as far as may be practicable, in accordance 
with the provisions of section three of chapter thirty-nine of 
the General Statutes. 

Sect. 4. Either town may cause any school district Division may be 

,.,_ „•' , •TTi'j.xi made by eitlier 

therein, which forms part oi any such united district, to be town. 
separated therefrom, without the agreement provided for in 
section one : provided, that all the interest of such district 
in the school-houses and other property owned and used by 
such united district for school purposes, shall be relinquished,' 
and shall, upon such separation, become vested in the 
remaining portions of such united district ; and provided, 
further, that the interest of such district in such school- 
houses and property, shall not be relinquished without the 
consent of such districts.] 

Chap. 278, 1868. 

[Sect. 1. Two or more towns may unite in establishing union sciioois in 

t 11^, 1 i,-r> 1 J.- towns without 

union schools for the accommodation oi such contiguous districts, 
portions of each, as shall be mutually agreed upon, when a 
majority of the legal voters in each town, in meetings called 
for that purpose, so determine. 

Sect. 2. In providing for the management and control 
of said school ; in determining the location of said school- 
houses, or of the schools ; in apportioning the expenses of 



30 



PUBLIC SCHOOLS — REGISTERS AND RETURNS. [CHAP. 40. 



erecting such school-houses, and of the support and main- 
tenance of said school, with all expenditures incident to the 
same, all proceedings shall be governed by the provisions of 
the fourth, fifth and sixth sections of the thirty-eighth 
chapter of the General Statutes.] 



CHAPTER 40. 



OF SCHOOL REGISTERS AND RETURNS. 



Section 

1. Town clerks to deliver registers, &c., 
to school committee. 

2. If not received. 

3. Duties of assessors, as to persons 
between five and fifteen. 

4. — of school committee ; form of cer- 
tificate. 

5. Registers to be kept; returns. 

6. Committees' report; to whom sent; 
where deposited; to be printed. 

7. When report is not made. 



Section 

8. When informal, &c. 

9. Penalty for neglect, or informal, &c., 
report. 

10. Reports, &c., of board of education, 
how received, delivered, and for what 
purpose. In whom property of. 

11. Who to sign reports. 

12. Penalty on committee for neglect in 
returns, &c. 

13. Registers, how kept. Teachers not 
to di'aw pay until return of register. 



Town clerks to 
deliver registers, 
&c., to school 
committee. 
1849, 65, § 2. 



If not received. 
1846, 223, § 3. 



Duties of asses- 
sors as to persons 
between five and 
fifteen. 
1855, 15. 



— of school com- 
mittee. Form of 
certificate. 
1846, 223, § 2. 
1849, 117, § 1. 
1855, 23. 
See § 11. 



Section 1. The clerks of the several cities and towns, 
upon receiving from the secretary of the board of education 
tlie school registers and blank forms of inquiry for school 
returns, sliall deliver tliem to the school committee of such 
cities and towns. 

Sect. 2. If a school committee fails to receive such blank 
forras of return on or before the last day of March, they 
shall forthwith notify the secretary of the board of educa- 
tion, who shall transmit such forms as soon as may be. 

Sect. 3. The assessors shall annually in the month of 
May, ascertain the number of persons in their respective 
towns and cities on the first day of May between the ages of 
five and fifteen years, and on or before the first day of July 
following report the same to the school committee. 

Sect. 4. The school committee shall annually on or 
before the last day of the following April, certify under oath, 
the numbers so returned to them by the assessors, and also 
the sum raised by such city or town for the support of 
schools during the preceding school year, including only 
wages and board of teachers, fuel for the schools, and care 
of the fires and school-rooms, and shall transmit such cer- 
tificate to the secretary of the board of education. The 
form of such certificate shall be as follows, to wit : — 



CHAP. 40.] PUBLIC SCHOOLS — RETURNS AND REPORT. 31 

Amendment.— Chap. 142, 1865. 

[We, the school committee of , do certify that from 

the returns made by the assessors in the year , it appears that 

on tlje first day of May, in the year , there were belonging to 

said town the number of persons between the ages of five and 

fifteen years ; and we further certify that said town raised the sum 
of dollars for the support of public schools for the preceding 

school year, including only the wages and board of teachers, fuel for 
the schools, and care of fires and school-rooms ; and that said town 
maintained, during said year, each of the schools required to be 
kept by the first section of the thirty-eight chapter of the General 
Statutes for a period not less than six months ; and we further cer- 
tify that said town maintained, during said year, school for the 
benefit of all the inhabitants of the town, as required by section 
two, chapter thirty-eight of the General Statutes, for months 

-'''' > School Committee. 

ss. 
On this day of , personally appeared the above named 

school committee of , and made oath that the above 

cei'tificate by them subscribed, is true. 

Before me, Justice of the Peace. 

Sect. 3. In the returns made by the school committee to 20 days or 40 half 
the secretary of the board of education, twenty days or forty ^'^^^ °°^ month, 
half-days of actual session shall be counted as one month,] 

Sect. 5. The school committee shall cause the school ^/^^'^Jf/^ ^^^ 
registers to be faithfully kept in all the public schools, and 1837,227; isss. 
shall annually on or before the last day of April, return the 223^ § 3] mo] 
blank forms of inquiry, duly filled up, to the secretary of the see'ch^^le^ "3. 
board of education ; and shall also specify in said returns see ch. 38^ § 20. 
the purposes to which the money received by their town or 
city from the income of the school fund has been appro- 
priated. 

Sect. 6. The school committee shall annually make a committees' re- 
detailed report of the condition of the several public schools, a°nt| whJrede^ 
which report shall contain such statements and suggestions l°-l^^^^' ^° ^® 
in relation to the schools as the committee deem necessary i838, 105, § 1. 
or proper to promote the interests thereof. The committee 1859", 57.' 
shall cause said report to be printed for the use of the in- lee ch.' fs,' § 20. 
habitants, in octavo, pamphlet form, of the size of the annual 
reports of the board of education, and transmit two copies 
thereof to the secretary of said board, on or before the 
last . day of April, and deposit one copy in the office of the 
clerk of the city or town. 

Sect. 7. When a school committee fails within the pre- when report is 
scribed time to make either the returns or report required of m^^^tl 1. 
them by law, the secretary of the board of education shall see ch. 38, § 20. 



32 



PUBLIC SCHOOLS — PENALTY FOR NEGLECT, ETC. [CHAP. 40. 



When informal, 

&c. 

1855, 93. § 2. 

See Ch. 38, § 20. 



Penalty for neg- 
lect or informal, 
&c., report. 
1855, 93, § 3. 
1859, 238. 



Reports, &c., of 
board of educa- 
tion, how re- 
ceived, deliyer- 
ed, and for what 
purpose. 
In whom prop- 
erty of. 
1849, 65, § 2, 



Who to sign re- 
ports. 
1855, 244. 



forthwith notify such committee, or the clerk of the city or 
town, of such failure; and the committee or clerk shall im- 
mediately cause the same to be transmitted to the secretary. 

Sect. 8. If a report or return is found to be informal or 
incorrect, the secretary shall forthwith return the Same, with 
a statement of all deficiencies therein, to the committee for 
its further action. 

Sect. 9. Tiie returns or reports of a city or town so 
returned by the secretary for correction, or which have not 
reached his office within the time prescribed by law, shall be 
received by him if returned during the month of May ; but 
in all such cases ten per cent, shall be deducted from the in- 
come of the school fund which such city or town would have 
been otherwise entitled to. If such returns or reports fail to 
reach his office before the first day of June, then the whole 
of such city or town's share of the income shall be retained 
by the treasurer of the Coinmonwealth, and the amount so 
retained, as well as the ten per cent, when deducted, shall be 
added to the principal of the school fund. And such city or 
town shall in addition thereto forfeit not less than one hun- 
dred nor more than two hundred dollars: provided, hoiaever, 
if said returns and reports were duly mailed in season to 
reach such office within the time required by law, then the 
city or town from which said returns or reports are due shall 
be exempt from the forfeiture, otherwise incurred. 

Sect. 10. The clerk of each city and town shall deliver 
one copy of the reports of the board of education and its 
secretary to the secretary of the school committee of the city 
or town, to be by him preserved for the use of the committee, 
and transmitted to his successor in office ; and two additional 
copies of said reports, for the use of said committee ; and 
shall also deliver one co])j of said reports to the clerk of each 
school district, to be by him deposited in the school district 
library, or, if there is no such library, carefully kept for the 
use of the prudential committee, teachers, and inhabitants, 
of the district, during his continuance in office, and then 
transmitted to his successor ; and in case the city or town 
shall not be districted, said reports shall be delivered to the 
school committee, and so deposited by them, as to be acces- 
sible to the several teachers and to the citizens ; and such 
reports shall be deemed to be the property of the town or 
city, and not of any officer, teacher, or citizen, thereof. 

Sect. 11. When the school committee of a city or town 
is not less than thirteen in number, the chairman and secre- 
tary thereof may, in behalf of the committee, sign the annual 
school returns and the certificate required by sections four 
and five. 



CHAP. 41.] PUBLIC SCHOOLS — STATISTICS. " 33 

Sect. 12. A city or town which has forfeited any part of Penalty on com-* 

•' i/«niii mittee for neglect 

its portion of the income of the school lund throuoh the in returns, &c. 
failure of the school committee to perform their duties in isis^ns.' 
regard to the school report and school returns, may withhold 
the compensation of the committee. 

Sect. 13. The several school teachers shall faithfully Registers, how 
keep the registers furnished to them, and make due return not to draw ply 
thereof to the school committee, or such person as they may "egt'ter^'''""' °^ 
designate, and no teacher shall be entitled to receive payment i849,209. 
for services until the register, properly filled up and com- 
pleted, shall be so returned. 

Chapter 123, 1867. 

rSECTiON 1. It shall be the duty of the trustees, officers officers of insti- 

■- . , /» n • , • , , • /• 1 • 1 J.1 tutions of learn- 

er persons m charge oi all institutions oi learning, whether ing, reform and 

literary, scientific or professional, incorporated, supported or indianscho°ots,to 
aided by this Commonwealth ; of all reform schools and report annually 

J ,'.,... , p o^ June 1st, to 

almshouses ; of all private educational institutions ; also, of board of educa- 
all agents, guardians or treasurers to whom appropriations 
shall be made for the support of schools among the Indians 
of this Commonwealth, whether by general statute or special 
resolve, on or before the first day of June in each year, to 
make a report in writing to the board of education, at the 
office of the secretary, of such statistics of the several institu- 
tions or schools under their charge, relating to the number 
of pupils and instructors, courses of study, cost of tuition and 
the general condition of said institution or school, as said 
board shall prescribe. 

Sect. 2. The board of education shall prepare blank Board to supply 
forms of inquiry for such statistics, as they shall deem expe- fore tenth May. 
dient to require, and shall cause the same to be sent to each 
of said institutions or schools, on or before the tenth day of 
May in each year. In preparing said forms, reference shall 
be had to the requirements of the national bureau of educa- 
tion recently created by the general government.] 



CHAPTER 41. 



OF THE attend AJfCE OF CHILDKEN EST THE SCHOOLS. 



Section 
1. Children to be sent to school by par- 
ents, &c. Penalty for neglect. Excu- 
ses for neglect. 



Section 
2. Truant officers and school committee 
to inquire and rejjort. 



34 



PUBLIC SCHOOLS — ATTENDANCE. [CHAP. 41. 



Section 

3. All children may attend where they 
reside. 

4. School committee to regulate admis- 
sion, &c., to high school. 

6. Children may attend in adjoining 
town, and committee pay for in- 
struction. 

6. "Wards may attend where guardian 
resides. 

7. Children may attend in other towns 
than place of parents' residence, and 
parents pay, &c. 



Section 

8. Children not to attend unless vac- 
cinated. 

9. Eace, &c., not to exclude. 

10. Teachers and school committee to 
state grounds of exclusion. 

11. Damages for exclusion, how re- 
covered. 

12. Interrogatories to (Jommittee, &c. 



Children to be 
sent to school 
by parents, &c. 
Penalty for neg- 
lect. Excuses for 
neglect. 

1852, 240, H 1,2 
4. 
1855, 309. 



Truant officers 
and school com- 
mittee to inquire 
and report. 
1852, 240, § 3. 
1855, 309. 
1859, 188. 



Children to at- 
tend where they 
reside. 
1849, 117, § 4. 

Admission to 
high school, 
how regulat- 
ed 
R. S. 23, § 15. 



Section 1. Every person having under his control a child 
between the ages of eight and fourteen years, shall annually 
during the continuance of his control send such child to 
some public school in the city or town in which he resides, 
at least twelve weeks, if tlie public schools of such city or 
town so long continue, six weeks of which time shall be con- 
secutive ; and for every neglect of such duty the party offend- 
ing shall forfeit to the use of such city or town a sum not 
exceeding twenty dollars : but if it appears upon the inquiry 
of the truant officers or school committee of any city or 
town, or upon the trial of any prosecution, that the party so 
neglecting was not able, by reason of poverty, to send such 
child to school, or to furnish him with the means of education, 
or that such child has been otherwise furnished with the 
means of education for a like period of time, or has already 
acquired the branches of learning taught in the public 
schools, or that his bodily or mental condition has been such 
as to prevent his attendance at school or application to study 
for the period required, the penalty before mentioned shall 
not be incurred. 

Sect. 2. The truant officers and the school committees of 
the several cities and towns shall inquire into all cases of 
neglect of the duty prescribed in the preceding section ; and 
ascertain from the persons neglecting, the reasons if any 
therefor ; and shall forthwith give notice of all violations, 
with the reasons, to the treasurer of the city or town ; and if 
such treasurer wilfully neglects or refuses to prosecute any 
person liable to the penalty provided for in the preceding 
section, he shall forfeit the sum of twenty dollars. 

Sect. 3. All children within the Commonwealth may at- 
tend the public schools in the place in which they have their 
legal residence, subject to the regulations prescribed by law. 

Sect. 4. The school committee shall determine the 
number and qualifications of the scholars to be admitted 
into the school kept for the use of the whole town. 



CHAP. 41.] PUBLtC SCHOOLS — EXCLUSION. , 35 

Sect. 5. Children livina; remote from any public school children may at- 

~ •' "^ teud m adjoining 

in the town in which they reside, may be allowed to attend town, and com- 
the public schools in an adjoining town, under such regu- ™ructX5 °'^"^' 
lations, and on such terms, as the school committees of the i8f9,'89'§i. 
said towns agree upon and prescribe ; and the school com- 
mittee of the town in which such children reside shall pay 
out of the appropriations of money raised in said town for 
the support of schools the sum agreed upon. 

Sect. 6. Minors under guardianship, their father having wards, where 
deceased, may attend the public schools of the city or town isse, i64. 
of which their guardian is an inhabitant. 

Sect. 7. With the consent of school committees first children may at- 
obtained, children between the ages of five and fifteen years towns than place 
may attend school in cities and towns other than those in dence,''^and "pa- 
which their parents or guardians reside; but whenever ^iggf^lJ'^''' 
child resides in a city or town different from that of the 
residence of the parent or guardian, for tlie sole purpose of 
attending school there, the parent or guardian of such child 
shall, be liable to pay to such city or town, for tuition, a sum 
equal to the average expense per scholar for such school for 
the period the child shall have so attended. 

Sect. 8. The school committee shall not allow any child ^^"fnarect ''^ 
to be admitted to or connected with the public schools, who isss, 4X4, § 2. 
has not been duly vaccinated. 

Sect. 9. No person shall be excluded from a public coior, &c.,notto 
school on account of the race, color, or religious opinions, of i855, 256, § i. 
the applicant or scholar. 

Sect. 10. Every member of the school committee under Teachers, &c., to 
whose directions a child is excluded from a public school, Ldusfon"" 
and every teacher of such school from which a child is ex- ■^^^^' ^^^' * *" 
eluded, shall, on application by the parent or guardian of 
such child, state in writing the grounds and reason of the 
exclusion. 

Sect. 11. A child unlawfully excluded from anv public Damages for 

"^ Gxclusiou. 

school shall recover damages therefor in an action of tort, to i845,'2i4." 
be brought in the name of such child by his guardian or next s^cush^ieo.^" 
friend against the city or town by which such school is 7 Gray, 245. 
supported. 

Sect. 12. The plaintiff in such action may, by filing inter- interrogatories to 

r^ T • i/?j.iii committee, &c. 

rogatories lor discovery, examine any member or the school 1855,256, §3. 
committee, or any other officer of the defendant city or town, 
as if he were a party to the suit. 



36 



PUBLIC SCHOOLS — MANUFACTORIES. [CHAP. 42. 



CHAPTER 42. 



OF THE EMPLOYMENT OF CHILDREN AND EEGULATIONS EESPECTING 

THEM. 



Section 

1. Children under fifteen, who have not 
attended school, &c. , not to be employ- 
ed in manufactory, unless, &c. 

2. Penalty, school committee to prose- 
cute. 

3. Children under twelve not to be em- 
ployed more than ten hours a day. 
Penalty. 

4. Cities and towns may make by-laws 
respecting habitual truants, &c. 
Fines. 



Section 

5. Cities and towns shall appoint per- 
sons to prosecute for violations of by- 
laws. 

6. Minor convicted may be committed, 
&c. 

7. On non-payment of fine, may be com- 
mitted. How discharged. 

8 Warrants where returnable. Com- 
pensation. 



certajn -cMdren SECTION 1 . Children of the age of twelve years and under 
ed inmanufacto- tlio age of fifteen jears, who have resided in this state for the 
rv, un ess, c. ^qj.j^-^ ^f gj^ months, shall not be employed in a manufacturing 



18.36, 245, j 1 
1849. 220, § 1. 
1855, 379. 
1858, 83, § 1. 



establishment unless within twelve months next preceding 
the term of such employment they have attended some pub- 
lic or private day school, under teachers approved by the 
school committee of the place in which said school was kept, 
at least one term of eleven weeks, and unless they shall at- 
tend such a school for a like period during each twelve 
months of such employment. Children under twelve years 
of age, having resided in this state for a like period, shall not 
be so employed unless they have attended a like school for 
the term of eighteen weeks within twelve months next pre- 
ceding their employment, and a like term during each twelve 
months of such employment. 

Sect. 2. The owner, agent, or superintendent, of a manu- 
facturing establishment, who employs a child in violation of 
the provisions of the preceding section, shall forfeit a sum not 
exceeding fifty dollars for each offence, to be recovered by 
indictment, to the use of the public schools in the city or 
town where such establishment is situated ; and the school 
committees in the several cities and towns shall prosecute for 
all such forfeitures. 
Children under Sect. 3. No child uudcr tlic ago of twelve years shall be 
ployed more^th^n cmployed lu auy mauufacturiiig establishment more than ten 
p°naity!^ '^ ^'^^' hours ui 0110 day ; and the owner, agent, or superintendent, 
1842, 60, §§ 3,4. who knowingly employs such child for a greater number of 
hours, shall forfeit thesum of fifty dollars for each offence, 
to the use of the person prosecuting therefor. 



Penalty. 

School committee 
to prosecute. 
1842, 60. § 1. 
1849, 220, § 3. 
1858, 83, § 2. 



CHAP. 42."] PUBLIC SCHOOLS — TRUANTS. 37 

Amendments. — Chap. 285, 1867, supplementary to Section 1, 2, 3 of G. S. 

[Sect. 1. No child under the age of ten years shall be chiid under lo 
employed in any manufacturing or mechanical establishment emijfoyednorunt 
within this Commonwealth, and no child between the age of '^l_ ^^' unless, 
ten and fifteen years shall be so employed, unless he has at- 
tended some public or -private day school under teachers 
approved by the school committee of the place in which such 
school is kept, at least three months during the year next 
preceding such employment: provided, said child shall have proviso, 
lived within the Commonwealth during the preceding six 
months ; nor shall such employment continue unless such 
child shall attend school at least three months in each and 
every year ; and provided, that tuition of three hours per day gijan so attend 
m a public or private day school approved by the school yearly day school, 
committee oi the place ni which such school is kept, during strued. 
a term of six months, shall be deemed the equivalent of three 
months' attendance at a school kept in accordance with the 
customary hours of tuition ; and no time less than sixty days 
of actual schooling shall be accounted as three months, and 
no time less than one hundred and twenty half days of actual 
schooling shall be deemed an equivalent of three months. 

Sect. 2. No child under the age of fifteen years shall be chiid under is 
employed in any manufacturing or mechanical establishment eo ho'ure°aweek^ 
more than sixty hours in one week. 

Sect. 3. Any owner, agent, superintendent or overseer of Penalty. 
any manufacturing or mechanical establishment, who shall 
knowingly employ or permit to be employed any child in 
violation of the preceding sections, and any parent or guar- 
dian who allows or consents to such employment, shall, for 
such offence forfeit the sum of fifty dollars. 

Sect. 4. It shall be the duty of the constable of the Com- state constable to 
monwealth to specially detail one of his deputies, to see that portTo governor! 
the provisions of this act, and all other laws regulating the 
employment of children or minors in manufacturing or me- 
chanical establishments, are complied with, and to prosecute 
offences against the same ; and he shall report annually to 
the governor all proceedings under this act ; and iiothing in 
this section shall be so construed as to prohibit any person 
from prosecuting such offences.] 

Chap. 207, 1862, Sect. 1 substituted for Sect. 4 of G. S. 

[Sect. 1. Each city and town shall make all needful pro- By-iaws respect- 
visions and arrangements concerning habitual truants, and tmants,'^&'c!"*^ 
also concerning children wandering about in the streets or i8,5o"'294- « i 
public places of any city or town, having no lawful occu- issi! ss, '§ 6. 
patiou or business, not attending school, and growing up in see § 6. 



38 



PUBLIC SCHOOLS — TRUANTS . 



[chap. 42. 



— vjolations of, 
how to be pros- 
ecuted. 
1850, 294, § 2. 



Minor convicted 
may be commit- 
ted, &c. 
1852, 283, § 1. 
1854, 88, § 3. 



ignorance, between the ages of seven and sixteen years ; and 
shall also make all such by-laws respecting such children as 
shall be deemed most conducive to their welfare and the 
good order of such city or town ; and there shall be annexed 
to such by-laws suitable penalties not exceeding twenty dol- 
lars, for any one breach : provided^ that said by-laws shall be 
approved by the superior court sitting in any county in the 
Commonwealth.] 

Sect. 5. The several cities and towns shall appoint at the 
annual meetings of such towns, or annually by the mayor 
and aldermen of such cities, three or more persons, who 
alone shall be authorized, in case of violation of such by- 
laws, to make the complaint and carry into execution the 
judgments thereon. 

Amendment.— Chap. 207, 1862, Sect. 2, substituted for Sect. 6 of G. S. 

[Sect. 2. Any minor convicted of being an habitual truant, 
or any child convicted of wandering about in the streets or 
public places of any city or town, having no lawful occu- 
pation or business, not attending school, and growing up in 
ignorance, between the ages of seven and sixteen years, may, 
at the discretion of the justice or court having jurisdiction of 
the case, instead of the fine mentioned in the first (substituted 
for section 4, above,) section, be committed to any such insti- 
tution of instruction, house of reformation, or suitable situa- 
tion provided for the purpose, under the authority of the 
first (substituted for section 4,) section, for such time, not 
exceeding two years, as such justice or court may deter- 
mine.] 



On non-payment Sect. 7. A minor couvictcd of either of said offences and 
commiued.''^ ^^ seiiteiiced to pay a fine may, in default of payment thereof. 



1854, 88, §« 3, 4 
See Ch. 180, 



^41 *283''§If'3 '^6 committed to such institution of instruction, house of 
reformation, or suitable situation provided as aforesaid. And 
ujDon proof that the minor is unable to pay the fine, and has 
no parent, guardian, or person chargeable with his support, 
able to pay the same', he may be discharged by such justice 
or court, whenever it is deemed expedient, or he may be dis- 
charged in the manner poor convicts may be discharged from 
imprisonment for non-payment of fine and costs. 

Sect. 8. Warrants issued under this chapter shall be 
returnable before any trial justice or judge of a police court, 
at the place named in the warrant ; and the justice or 
judge shall receive such compensation as the city or town 
determines. 



Warrants, where 

returnable. 

Compensation. 

1854, 88. 



CHAP. 42.] PUBLIC SCHOOLS — NEGLECTED CHILDREN. 39 

Amendments.— Chap. 44, 1863, siipplementarj' to Sections 7 and 8, Chap. 42. 

[Sect. 1. Either of the justices of the police court of the 
city of Boston, and any judge or justice of any police court, 
and any trial justice, in this state, shall have jurisdiction 
within their respective counties of the offences described 
in chapter two hundred and seven of the acts of the year 
eighteen hundred and sixty-two. (Sect. 4, G. S.) 

Sect. 2. Whenever it shall be made to appear to any 
such justice, judge or trial justice, acting within his juris- 
diction, upon a hearing of the case, that there is good and 
sufficient reason for the discharge of any minor imprisoned 
for either of such' offences, he may issue such discharge under 
his hand upon such terms as to costs as to him seem just, 
directed to the person having the custody of such minor, and 
upon the service of the same on such person and payment of 
costs required, "said minor shall be discharged.] 

Chap. 128, 1863. 

[Sect. 1. Any minor convicted under the provisions of 
the two hundred and seventh chapter of the acts of the year 
eighteen hundred and sixty-two (Sections 4,5, G. S.,) in Dukes 
county, may be sentenced and confined in the farm school, 
so called, in the city of New Bedford, in the county of 
Bristol, in the same manner as if the same was in Dukes 
county. 

Sect. 2. Any town in Dukes county from which any 
minor may be sentenced as aforesaid, shall pay to the city of 
New Bedford, for the support of every person so confined, 
the sum of two dollars for each and every week such person 
may remain at said school.] 

Chap. 283, 1866. 

[Sect. 1. Each of the several cities and towns in this towds may pro- 
Commonwealth is hereby authorized and empowered to of drunken 'and 
make all needful provisions and arrangements concerning 'f'cious parents, 
children under sixteen years of age, who by reason of the 
neglect, crime, drunkenness or other vices of parents, or 
from orphanage, are suffered to be growing up without 
salutary parental control and education, or in circumstances 
exposing them to lead idle and dissolute lives ; and may 
also make all such by-laws and ordinances respecting such 
children, as shall be deemed most conducive to their welfare , . 

and the good order of such city or town : provided, that 
said by-laws and ordinances shall be approved by the superior 
court, or in vacation by a justice thereof, and shall not be 
repugnant to the laws of the Commonwealth. 



40 



PUBLIC SCHOOLS — DISTUEBANCE. [CHAP. 42. 



Persons to pro- 
Tide for execution 
of. 



Judge or trialjus- 
tice may send 
child to town in- 
stitution. 



When children 
may be dis- 
charged. 



Sect, 2. The mayor and aldermen of cities and the 
selectmen of towns availing themselves of the provisions of 
this act shall severally appoint suitable persons to make 
complaints in case of violations of such ordinances or by-laws 
as may be adopted, who alone shall be authorized to make 
complaints under the authority of this act. 

Sect. 3. When it shall be proved to any judge of the 
superior court, or judge or justice of a municipal or police 
court, or to any trial justice, that any child under sixteen 
years of age, by reason of orphanage or of the neglect, 
crime, drunkenness or other vice of parents, is growing up 
without education or salutary control, and in circumstances 
exposing said child to an idle and dissolute life, any judge or 
justice aforesaid, shall have power to order said child to such 
institution of instruction or other place that may be assigned 
for the purpose, as provided in this act, by the authorities of 
the city or town in which such child may reside, for such 
term of time as said judge or justice may deem expedient, 
not extending beyond the age of twenty-one? years for males, 
or eighteen years for females, to be there kept, educated and 
cared for according to law. 

Sect. 4. ^ Whenever it shall be satisfactorily proved that 
the parents of any child committed under the provisions of 
this act, shall have reformed and are leading orderly and 
industrious lives, and are in a condition to exercise salutary 
parental control over their children, and to provide them 
with proper education and employment ; or whenever said 
parents being dead, any person may offer to make suitable 
provision for the care, nurture and education of such child 
as will conduce to the public welfare, and will give satisfac- 
tory security for the performance of the same, then the 
directors, trustees, overseers or other board having charge 
of the institution to which such child may be committed, 
may discharge said child to the parents or to the party 
making provision for the care of the child as aforesaid.] 



Gen. Stat., Chap. 165, Sec. 23. 

Disturbance of Sect. 23. Whocver wilfuUy interrupts or disturbs any 

li'^meettngs!'" ' school or otlicr assembly of people met for. a lawful purpose, 

i*Gvay!k76. shall bc puuishcd by imprisonment in the jail not exceeding 

thirty days, or by fine not exceeding fifty dollars. 



CHAP. 49.] NORMAL SCHOOLS 41 

NORMAL SCHOOLS. 



Chap. 70. Eesolves of 1838. 

Whereas, by a letter from the Honorable Horace Mann, 
secretary of the board of education, addressed on the twelfth 
of March current, to the President of the Senate and Speaker 
of the House of Representatives, it appears, that private 
munificence* has placed at his disposal the sum of ten 
thousand dollars to promote the cause of popular education 
in Massachusetts, on condition that the Commonwealth will 
contribute, from unappropriated funds, the same amount in 
aid of the same cause, the two sums to be drawn upon 
equally, from time to time, as needed, and to be disbursed 
under the direction of the board of education in qualifying 
teachers for the common schools ; therefore 

Resolved^ That his excellency the governor is hereby 
authorized, by and with the advice and consent of the 
council, to draw his warrant upon the treasurer of the Com- 
monwealth, in favor of the board of education, for the sum 
of ten thousand dollars, in such instalments, and at such 
times as said board may request : provided^ that said board, 
in their request, shall certify that the secretary of said 
board has placed at their disposal an equal amount to that for 
which such application may be made by them ; both sums to 
be expended under the direction of said board, in qualifying 
teachers for the common schools in Massachusetts. 

Resolved, That the board of education shall render an 
annual account of the manner in which said moneys have 
been by them expended. 

Chap. 49. Resolves of 1853. 

Resolved, That the board of education be, and they are 
hereby authorized to establish a state normal school at some 
suitable place in the county of Essex, and that the sum of 
six thousand be, and the same is hereby appropriated from 
the proceecls of the public lands or the school fund, accord- 
ing to the provisions of the act of the year one thousand 
eight hundred and forty-six, chapter 219, to defray the 
expense of providing a site, of erecting or purchasing a 
suitable building, and furnishing the necessary appurte- 
nances and apparatus for said school ; and that the same be 

* Of Hon. Edmund Dwight. 



42 NORMAL SCHOOLS. 

expended for that purpose under the direction of the board 
of education, upon whose requisition the governor is hereby 
authorized to draw his warrants upon the treasury to the 
amount aforesaid. 

Resolved, That the board of education be, and they are 
■ hereby authorized to purchase and receive grants of land in 
the name of the Commonwealth, and in suitable quantity, 
for the site of said building and the accommodation of said 
school ; and that, before selecting said site, they be directed 
to receive propositions from towns or individuals in said 
county of Essex, in aid of the object of these resolves, and 
afterwards to make such selection as will in their opinion 
best subserve the interests and accommodate the wants of 
said school. 

[In accordance with the foregoing Resolves, normal 
schools were established as follows : — 

The first at Lexington, which was opened July, 1839 ; 
transferred to West Newton, September, 1844 ; and to 
Framingham in 1853. It receives as pupils only females. 

The second was opened at Barre, September, 1839 ; was 
suspended in 1841 ; and recommenced at Westfield, Septem- 
ber, 1844, and receives both sexes. 

The third was opened at Bridgewater, September, 1840, 
and admits pupils of both sexes. 

The last was established at Salem, and opened September, 
1854, and is for females only.] 

[COURSE OF STUDY IN THE NORMAL SCHOOLS. 

The design of the Normal Schools is strictly professional ; 
that is, to prepare, in the best possible manner, the pupils for 
the work of organizing, governing and instructing the public 
schools of the Commonwealth. 

To this end there must be the most thorough knowledge : 
firsty of the branches of learning required to be taught in 
the schools ; and, second, of the best methods of teaching 
those branches. 

COURSE OF STUDY. 

The time of the course extends through a period of tioo 
years; and is divided into terms of twenty weeks each, with 
daily sessions of not less than five hours, five days each • 
week. 

BRANCHES OP STUDY TO BE PURSUED. 

First Term. — 1 — Arithmetic, oral and written, begun. 
2 — Geometry begun. 3 — Chemistry. 4 — Grammar and 
Analysis of the English language. 



NORMAL SCHOOLS. . 43 

Second Term. — 1 — Arithmetic completed ; Algebra begun. 
2 — Geometry completed ; Geography and History begun. 
3 — Physiology and Hygiene. 4 — Grammar and Analysis 
completed. 5 — Lessons once or twice a week in Botany and 
Zoology. 

Third Term. — 1 — Algebra completed ; Book-keeping. 
2 — Geography and History completed. 3 — Natural Phil- 
osophy. 4 — Phetoric and English Literature. 5 — Lessons 
once or twice a week in Mineralogy and Geology. 

Fourth Term. 1— Astronomy. 2 — Mental and Moral 
Science, including the principles and art of Reasoning. 3 — 
Theory and Art of Teaching, including : (1.) Principles and 
Methods of Instruction ; (2.) School Organization and Gov- 
ernment ; (3.) School Laws of Massachusetts, 4 — The 
Civil Polity of Massachusetts and the United States. 

Li connection with the foregoing, constant and careful 
attention to be given throughout the course to drawing and 
delineations on the blackboard ; music ; spelling, with deri- 
vations and definitions ; reading, including analysis of 
sounds and vocal gymnastics ; and writing. 

The Latin and French languages may be pursued as 
optional studies, but not to the neglect of the English course. 

General exercises in composition, gymnastics, object 
lessons, &c., to be conducted in such manner and at such 
times as the Principals shall deem best. 

Lectures on the different branches pursued, and on 
related topics, to be given by gentlemen from abroad, as the 
Board or the Visitors shall direct, and also by the teachers 
and more advanced scholars. 

The order of the studies in the course may be varied in 
special cases, with the approval of the Visitors. 

The Board deem it unwise to encourage the formation of 
regular advanced classes, whose instruction cannot fail to 
divert a considerable amount of the time and attention of the 
teachers from the under-graduate course ; but gTaduates who 
wish to review any part of their course, or to make more 
thorough attainments in particular branches, and who are 
willing to render such assistance as may be needed in giving 
instruction in the schools, may, with the consent and under 
the direction of the Visitors, remain at the schools for a 
period not exceeding two terms.] 



44 



DEAF MUTES. 



[chap. 200. 



DEAF MUTES. 



Gorernor may 
send to Clarke 
Institution or 
other school in 
State, pupils 
irom five to ten 
years. 



May draw war- 
rant for instruc- 
tion and support. 



Board of educa- 
tion shall super- 
vise instruction 
and report annu- 
ally. 



Governor may ex- 
tend present term 
of pupils to ten 
years. 



Governor may 
send to Ameri- 
can Asylum at 
Hartford or to 
Clarke Institu- 
tion, as parents, 
Sec, prefer. 



Chap. 311, 1867. 

Sect. 1. The governor, with the approval of the board 
of education, is hereby authorized to send such deaf mutes 
or deaf children between five and ten years of age, as he 
may deem fit subjects for instruction at the expense of the 
Commonwealth, to the Clarke Institution for Deaf Mutes at 
Northampton, or to such schools or classes as now are or 
may hereafter be established for the education of deaf mutes 
in this Commonwealth. 

Sect. 2. The governor is hereby authorized to draw his 
warrant for such sums as may be necessary to provide for 
the instruction and support of the pupils named in the 
preceding section, not exceeding for each pupil, the amount 
which is now or may hereafter be paid by the Common- 
wealth, for the education and support of deaf mutes at the 
American Asylum at Hartford. 

Sect. 3. The education of all deaf mutes who are now 
receiving or may hereafter receive instruction at the expense 
of the Commonwealth, shall be subject to the direction and 
supervision of the board of education ; and said board shall 
set forth in their annual report the number of pupils so 
instructed, the cost of their instruction and support, the way 
in which the money appropriated by the Commonwealth has 
been expended, and such other, information as said board 
may deem important to be laid before the legislature. 

Sect. 4. The governor is hereby authorized to extend to 
ten years, the term of instruction now granted to deaf mutes 
educated at the expense of the Commonwealth. 

Sect. 5. Tlie sum of three thousand dollars is hereby 
appropriated for the education of deaf mutes in addition to 
the amount heretofore appropriated, to be paid from the 
treasury of the Commonwealth. 

Sect. 6. All acts and parts of acts inconsistent herewith, 
are hereby repealed. 

Chap. 200, 1868. 

Sect. 1. The governor, with the approval of the board 
of education, is hereby authorized to send such deaf mutes 
or deaf children as he may deem lit subjects for instruction 
at the expense of the Commonwealth, to the American 
Asylum at Hartford, or to tiie Clarke Institution for Deaf 
Mutes at Northampton, as the parents or guardians may 
prefer. 



CHAP. 33.] PUBLIC AND SOCIAL LIBRARIES. 45 

Sect. 2. The governor is hereby authorized to draw his J^^^j/''^e '^^'' 
warrant for sucli sums as shall be necessary to pay for the 
instruction and support of such pupils as may be sent to 
said institutions respectively, pursuant to the provisions of 
the preceding section. 



PUBLIC LIBRARIES. 



General Statutes, Chap. 33. 



TOWN AND CITY LIBRARIES. 

Sect. 8. Each town and city may establish and maintain Towns and cities 
a public library therein, with or without branches, for the wies.^ 
use of the inhabitants thereof, and provide suitable rooms issii^os, §i. 
therefor, under such regulations for its government as may 
from time to time be prescribed by the inhabitants of the 
town, or the city council. 

Sect. 9. Any town or city may appropriate money for —may appropri- 
s'uitable buildings or rooms, and for the foundation of such receive°°devises, 
library a sum not exceeding one dollar for each of its rate- &c^.foj'*iiatp«'^- 
ble polls in the year next preceding that in which such lUl'lf'^^^'^' 
appropriation is made ; may also appropriate annually, for 
the maintenance and increase thereof, a sum not exceeding 
fifty cents for each of its ratable polls in the year next pre- 
ceding that in which such appropriation is made, and may 
receive, hold, and manage, any devise, bequest, or donation, 
for the establishment, increase, or maintenance, of a public 
library within the same. 

SOCIAL LIBRARIES. 

Sect. 10. Seven or more proprietors of a library may Proprietors of u- 
form themselves into a corporation, under such corporate corpor^Sn, &* 
name as they may adopt, for the purpose of preserving, k,.s.41,§§i,3,6. 
enlarging, and using, such library ; with the powers, privi- 
leges, duties, and liabilities, of corporations organized 
according to the provisions of chapter sixty-eight, so far as 
the same may be applicable, and may hold real and personal 
estate to an amount not exceeding five thousand dollars in 
addition to the value of their books. 



46 PUBLIC AND SOCIAL LIBRAEIES. [CHAP. 33- 

Warning meet- Sect. 11. Udoii. applicatioQ of five Or more of such pro- 

mg, cboice of . • . • p ,V • i • j. j. 

officers, &c. priGtors, a justice oi the peace may issue his warrant to one 
R- -41, §§ ,-. ^£ them, directing him to call a meeting of the proprietors, 
at the time and place and for the purposes expressed in the 
warrant. The meeting shall be called by posting up the 
substance of the warrant in some public place in the town 
where the library is kept, seven days at least before the time 
of the meeting ; at which, if not less than seven of the pro- 
prietors meet, they may choose a president, a clerk who 
shall be sworn, a librarian, collector, treasurer, and such 
• other officers as they may deem necessary ; and may deter- 
mine upon the mode of calling future meetings. 
Treasurer to give Sect. 12. The treasurer shall give bond with sufficient 
R. s. 41, § 4. sureties, to the satisfaction of the proprietors, for the faithful 

discharge of his duties. 
Assessments. Sect! 13. Such proprictors may, by assessments on the 

' ' ' ' several shares, raise such money as they may judge neces- 
sary for the purposes of preserving, enlarging, and using, 
the library. 

[According to the returns of 1866, there were fifty toivn 
and city libraries, in the Commonwealth., containing 345,t)88 
volumes. 

The number of social libraries was two hundred and 
sixty-five, containing 643,866 volumes.] 



PROVISIONS RELATING TO SCHOOLS. 47 



CONSTITUTION OF MASSACHUSETTS 



PROVISIONS RELATING TO SCHOOLS. 

Chap. 5, Sect. 2. 

Wisdom, and knowledge, as well as virtue, diffused gener- Duty of legisia- 
ally among the body of the people, being necessary for the traTes'^rn Xl-u^ 
preservation of their rights and liberties; and as these depend *ure periods. 
on spreading the opportunities and advantages of education * 

in the various parts of the country, and among the different 
orders of the people, it shall be the duty of legislatures and 
magistrates, in all future periods of this Commonwealth, to 
cherish the interests of literature and the sciences, and all 
seminaries of them ; especially the university at Cambridge, 
public schools and grammar schools in the towns ; to encour- 
age private societies and public institutions, rewards and 
immunities, for the promotion of agriculture, arts, sciences, 
commerce, trades, manufactures, and a natural history of 
the country ; to countenance and inculcate the principles of 
humanity and general benevolence, public and private 
charity, industry and frugality, honesty and punctuality in 
their dealings ; sincerity, good humor, and all social affec- 
tions, and generous sentiments among the people. 

Amendments, Art. 18. 

Art. XVIII. All moneys raised by taxation in the towns school money not 
and cities for the support of public schools, and all moneys sectarfan'srhoo^^! 
which may be appropriated by the state for the support of 
common schools, shall be applied to, and expended in, no 
other schools than those which are conducted according to 
law, under the order and superintendence of the authorities 
of the town or city in which the money is to be expended ; 
and such moneys shall never be appropriated to any religious 
sect for the maintenance exclusively of its own school. 



INDEX. 



Abstract of school returns recLuired, . . . . 
Adult schools, any town may establish them, &c., 

to be under the superintendence of school committee, 
Agents of the board, may be appointed ; their duties, . . 
Apparatus, books of reference, &c., authority to purchase, 
Assessors to ascertain, in May, number of persons between 5 and 15 

and report, &c., 

Asylum for Deaf Mutes at Hartford, 

Attendance of children in the schools, (see Children,) 

Bible to be read daily in public schools, 

Board of Education, how constituted, 

term of office of members of, 

vacancies in, how filled, 

may take grants, &c., in trust, for educational purposes, 

to pay over to State treasurer all money thus received, . 

duty %nd responsibility of State treasurer, 

to prescribe form of school registers and blanks for returns 
&c., 

to report annually to the legislature, 

incidental expenses of, to be paid by the 

may appoint a secretary ; his duties, 

may appoint agents ; their duties, . 

assistant-librarian to be clerk of, 
Bopks used in schools, not to be sectarian, 

to be determined by committee, 

changes in, how made, . 

if changes are made, to be supplied by the town, . 

to be supplied at cost, ...... 

how authority to purchase, to be exercised, 

if not furnished by parents, to be supplied by the town, 

expense of, so supplied, to be taxed to parents, 

if parents unable to pay, tax to be remitted, . 

duty of committee to furnish them, . . . 

Children, to be sent to school, and penalty for neglect, 
when such penalty not to be incurred, . 
duties of truant officers, &c., in relation to non-attendance of, 
7 




Page. 

4 
13 
13 

5 
17 

30 
42 
S3 

16 
4 
4 
4 
4 
4 
4 

4 

4 

6 

4 

5 

6 

16 

17 

17 

17 

17 

17 

17 

18 

18 

18 

34 
34 
34 



50 



INDEX. 



Children, may attend school in the place of their legal residence, . 
when living remote from school, may attend in an adjoining 

town, &c., 

under guardianship, may attend where guardian resides, 

may attend in other towns, with consent of committee, &c., 

not to be permitted to attend school until vaccinated, 

not to be excluded on account of color, &c., . 

grounds of exclusion to be stated in writing, . 

if unlawfully excluded, how damages obtained, 

plaintiff may examine school committee, 

when habitually truant, towns, &c., may make by-laws con 

cerning, &c., • . 

may be committed to institutions, &c., .... 

employed in manufacturing establishments, attendance by, 

penalty when employed in violation of law, &c., 

of drunken and vicious parents, provision for, 

when orphan and neglected, proceedings in relation to, . 

Clarke Institution for Deaf Mutes, 

Clergymen, duties of, to schools, 

Clerk of school districts, to be chosen and sworn, and duties of, 
to hold office till successor is chosen, .... 
liable only for want of integrity, 

Committees. (See School Committee and Prudential Committee.) 

Constitution of State, provisions of, for public schools, (Chap. 5, sect 
2. Amendments, Art. 18,) 

Contiguous districts in adjoining towns, may unite, . 

terms of union and separation of, 

meetings of, how called ; prudential committee of, how chosen 

raising money and assessment of taxes by, 

school committee of, 

County Associations. (See Teachers' Associations.) 



34 



34 
34 
34 
34 
35 
35 
35 
35 

37 
37 

35, 36 

36, 37 
39 
39 
44 
13 
23 
23 

• 23 



47 
28 
28, 29 
28 
28 
28 



Districts. (See School Districts.) 

Educational institutions, returns of, 

Female assistant, when average number of pupils exceeds fifty. 

High schools to be kept in towns of 500 families, 

branches to be taught in, 

must be kept for the benefit of the whole town,- 
to be kept not less than 36 weeks in each year, 
qualifications of teachers of, in towns of 4,000 inhabitants, 
number of families to be ascertained by latest public census, 
may be established by two adjacent towns having less than 
600 families, ........ 

committees, location, and apportionment of expenses of, 
duty of school committee in relation to, . 



Indian school fund, 



83 
13 

11 

11, 12 
11 
12 
12 
12 

12 

12, 13 
34 

10 



INDEX. 

Page. 

Libraries) Public, towns and cities may establish, .... 45 

money may be appropriated and devises, &c., received by 

towns, &c., for, ......... 45 

Social, proprietors of, may be a corporation, . . . . 45 

may hold real and personal estate, .... 45 

meetings of, and choice of oflScers, .... 46 

treasurer of, to give bond, and assessments for, . . 46 

Manufacturing establishments, children of certain ages not to be 

employed in, unless, &c., 36, 37 

penalty for violation, &c., 36, 37 

duty of committee respecting children in, .... 36 
duty of State constable concerning, . . . . ' . 37 

Neglected children, (see Children,) 39 

Normal schools, establishment of, . ' . . . . . . 41 

course of study in, . . .42 

Prudential committees, how to be chosen, .22 

general duties of, 22 

may contract with teachers when the town so determines, . 22 

may consist of three when authorized to contract with teachers, 22 

if office of vacant, how filled, 22 

if not chosen, duties of, to be performed by school committee, 22 

in union districts, how constituted, and powers and duties of, 27 
in districts formed by contiguous districts in adjoining towns, 

how chosen, and powers and duties of, .... 28 

Registers. (See School Registers.) 

Report of Board of Education and its secretary, required, . . 4 

number to be printed. (See Gen. Stat., chap. 4, sect. 4.) 

how received, delivered, &c., ....... 

preservation of, 

Reports of school committees, (See School Reports.) 
Returns. (See School Returns.) 

of educational institutions, ....... 

Scholarships, State, Act establishing, repealed, .... 
Schools, Public, towns to maintain a sufiicient number of, six months 

each year, 

branches to be taught in, 

in which the higher branches are taught, (see High Schools,) 
High, in adjacent towns, (see High Schools,) .... 
when an average of fifty scholars in, a female assistant to be 

employed, • . 

duty to, of instructors of colleges, ministers, &c., . 
provisions of State constitution relating to, (see Constitution 

of Massachusetts, chap. 5, sect. 2. Amendments, Art. 18,) 
towns to raise money for, to be assessed, &c., like other town 

taxes, . 



51 



32 
32 



33 
10 

11 
11 
11 

12 

13 

13 

47 
14 



52 



approve 
require 



' . INDEX. 

Schools, Public, funds of corporations not affected by provisions for, 
forfeiture by town for neglect to raise money for, or to choose 

school committee, 

three-fourths of forfeiture to be appropriated for, 

examinations of, and visits to, by committee, . 

Bible to be read in, daily, .... 

sectarian books to be excluded from, 

provisions respecting, in towns, to apply to cities, unless, &c. 

wilful interruption or disturbance of, how punished, (see Gen 

Stat., chap. 165, sect. 23,) 

children not to be excluded from, on account of color, &c.. 
School Committee, when and how chosen, and term of oflSce, . 
vacancies in, how filled, ....... 

when the whole decline, how new committee elected, 
term of service of member filling vacancy in, 
to continue in office for certain purposes, after, &c,, 
how number of, increased and diminished, . . . 
to appoint a secretary and keep records, 
duties and authority of, — to contract with, examine, 
and dismiss teachers, visit and examine schools 
daily reading of the Bible, supply books, &c., 
duty of, when school is for the benefit of the whole town, 

compensation of, . . 

to appoint superintendent of schools, &c., . . . . 
not to receive compensation when superintendent is appointed, 
to have charge of school-houses in towns not. districted, and 

provide fuel, &c., 

how constituted and duties of, in high schools established by 
adjacent towns, ...... 

to have superintendence, &c., of schools established for per 
sons over 15 years of age, .... 

forfeiture by the town for not choosing, . 

to perform duties of prudential committee in districts where 

none chosen 

may establish school and employ teacher in district which 

refuses or neglects to do so, 
may provide school-houses in districts neglecting to organize 

&c., 

powers and duties of, in union districts, . . . • 

to notify Secretary of Board of Education if blanks not 

received, • • 

to make returns annually, . . . . 

to cause school registers to be kept, 

to return the manner of using the money received from the 

State 

to make detailed report, in print, annually, . 

to transmit two copies to Secretary of Board of Education. 

to deposit a copy with town clerk, 

secretary of, to preserve one copy of report of board, &c., 



Page. 
14 

14 
14 
16 
16 
16 
20 

40 
35 
14 
14 
15 
15 
15 
15 
15 



16, 17 

18, 34 

18 

18 

18 

19,20 

12, 13 

13 
14 

22 

23 

26 
27 

30 
.31 
31 

31 
31 

31 
31 
32 



INDEX. 

School Committee, chairman and secretary of, in certain cases, 

may sign certificate. in the returns, .... 
liable to forfeit compensation, if neglect to make returns, 
to inquire into neglect of parents, &c., .... 
to have charge of high schools, with powers, &c., of prudential 

committees in districts, 
to determine number and qualifications of scholars to be 

admitted to high schools, 
to regulate attendance of scholars upon schools in adjoining 

towns, 

not to allow children to attend school until vaccinated, . 

to prosecute owners, &c., of manufacturing establishments 

&c., 

of contiguous districts, when united in adjoining towns, how 

constituted, (see Contiguous Districts,) 
School Districts, towns may be divided into, 

limits of, not to be altered, -so as to change taxation oftener 

than once in ten years, .... 

to be corporations for certain purposes, . 
may be abolished by towns, &c., . 
towns to vote on abolition of, every third year, 
when abolished, not to be restored, 
when abolished, corporate powers to continue for certain 

purposes, ......... 

may choose prudential committee, if town so determine, 

may fill vacancies in office of prudential committee, 

if neglect or refuse to establish schools, &c., 

meetings in, how called and warned, 

to choose a clerk, . . ' . 

may raise money for school-houses, &c,, 

may fix site of school-houses, 

school-houses for, may be provided by the town, . 

if cannot determine the site, the selectmen shall do it, 

penalty of, for not providing school-house, 

taxes in, how and on whom, &c., to be assessed and collected 

non-residents in, where taxed, 

property of manufacturing corporations in, where taxed, 
taxes in, to be assessed like town taxes, .... 
money raised in, how to be applied, .... 

refusing to raise money, -the town may order it, and may 

empower the selectmen, &c., 

neglecting to organize, school committee may provide school 

houses, &c., . . . 
duties, compensation, &c., of assessors, &c., in matters relat- 
ing to, 

School Eunds, how invested; income only to be used, . ' . 
commissioners of, ....... . 

income of, how distributed ; how apportioned for schools, &c., 
when towns are not entitled to share the income of, 



53 



Page. 

32 
33 
34 

18 

34 

35 

35 

36 

28,29 
21 

21 
21 
21 
21, 22 
21 

22 
22 
22 
23 
23 
23 
23 
23 
24 
24 
24 
24,25 
25 
24 
25 
25 

25 

26 

26 
7 

7 



54 INDEX. 

School Funds, income of, how- to be applied by towns, 

twenty-five per cent, of income of, may be used for purchase 

of books of reference, &c., 

appropriations from income of, for schools among Indians, 
for teachers' institutes, ...... 

for teachers' associations, 

School Pund, Indian, income of, how to be applied, . 
Todd Normal, income of, how to be applied, . 
School-houses, in towns not districted, to be maintained by towns, 

location of, to be determined by towns 

to be kept in good order by school committee, unless, &c., 
land not exceeding eighty square rods may be taken for, &c 
in such case, proceedings, jury, damages, costs, &c., 
land for, to revert to owner, &c., ..... 
use of, to be under charge of school committee in towns not 

districted, . 

money may be raised for, . ' . 

site of, how determined, 

penalty for not providing, 

money raised for the building and repairing of, to be at the 
disposal of committee, &c., ...... 

may be provided by school committee, when districts neglect 
to organize, ......... 

taxes for, how assessed and collected, .... 

School Eegisters, to be sent to town clerks by Secretary Board of 

Education, 

to be delivered by town clerk to school committee, 
to be kept in all the public schools, . . . . 

to be returned by teachers to school committee, 
if not properly kept, &c., teacher not entitled to payment, &c.. 
School Reports, to be made annually, in detail, by school committees 
to be printed, size of, two copies transmitted, &c., . 
penalty for neglect by committee to prepare, print, &c., . 

duty of committees respecting, 

if not received in time, secretary to notify of failure, 
if informal or incorrect, to be returned, .... 
penalty, when returned for correction, or not received, . 
School Returns, blank form of inquiries for, to be prescribed by the 

Board of Education, 

blanks for, to be sent to town clerks, .... 
if blanks not received, committees to notify, . 
to embrace number of children between 5 and 15, &c., to be 
certified under oath by school committee, . 

form of certificate for, 

to be transmitted to secretary of board, .... 

to specify manner of using money received from State School 

Fund, 

if not transmitted in time, secretary to notify, &c., 
if informal, &c., to be returned for. correction, 



Page. 
9 



30 
30, 31 



INDEX. 

Page. 

School Eeturns, when so returned, town to forfeit ten per cent., fee, 32 
when not received before June, town to forfeit whole share, &c., 32 
if mailed in season, town exempted from forfeiture, . . 32 
how may be signed in certain cases, ..... 32 
when not transmitted by neglect of committee, their compen- 
sation may be withheld, . 38 

Secretary of Board of Education, how appointed and duties of, . 4 

compensation of, ........ . 5 

Superintendent of Schools, appointment, duties, &c., of, . . . 18 

when appointed, committee to receive no pay, ... 18 

compensation of, ... 18 



55 



Taxes in school district, may be voted by district and certified to 

assessors, . . . 

on personal estate and on all lands, if occupied by owner, in 
district where he lives, ....... 

on real estate of manufacturing corporations, in district where 
situated, .......... 

on land of non-residents, in districts where assessors deter- 
mine, . . . . 

on all land of a non-resident, in the same district, . 
how assessed, abatement, collection of, . 

Teachers, selection and qualifications of, 

to receive and file a certificate ; when and how paid, 
may be dismissed by school committee, &c., . 
Teachers' Associations, when entitled to receive money from the 

State, . . 

money to be paid on certificate, &c., 

Teachers' Institutes, to be appointed on application of fifty teachers, 

expenses of, how paid ; length of sessions of, &c.. 
Truant Children, towns and cities may make regulations and by-laws, 
with penalties, concerning, to be approved by superior 

court, 

convicts, under such by-laws, may be fined or committed, &e., 
how discharged, if not able to pay fine, . 
proceedings against, &c., .... 

Truant Officers, to be appointed, and duties of, 

Union Districts, may be formed by contiguous districts, 
how organized ; location of school-house of, . 
assessments in, how made ; committee of, how constituted 

and powers and duties of, . 
schools to be maintained in districts composing, 



23 
24 

24 

25 
25 
26 
16 
16 
16 

6,7 
7 
6 
6 



37,38 

37, 38 

38 

38 

37 

26 

27 

27 
27 



Wards, where may attend school, 



35 



LIBRARY OF CONGRESS 



020 312 095 3 



